Interstate and International Child Custody Jurisdiction



By John Crouch

Custody jurisdiction law essentially makes sure that you cannot move your children to another state or country in order to get a favorable custody order in the new state's courts or to evade an existing custody order. If there is currently no custody or visitation case pending and no custody order, and you want to get an order, you need to do it in the state where the children have been living for the last six months. If there's already a custody order and you want custody or visitation changed, you have to go to the courts of the state that originally issued the order, unless neither parent lives in that state anymore. If you want to move to another country with the children you need to get a custody order from the state that has jurisdiction, in the country where the children actually live, saying that it is okay to move the children to the other country.


The laws which make up custody jurisdiction law include the Uniform Child Custody Jurisdiction Act, the Uniform Child Custody Jurisdiction and Enforcement Act, the Parental Kidnapping Prevention Act, and (although it technically does not deal with jurisdiction) the Hague Convention on the Civil Aspects of International Child Abduction. (The French version of the Convention is also available on this site.)

When people do not follow these laws, or when they want to make sure they follow these laws correctly, that is where we come in. Crouch & Crouch's practice includes cases in which we represent the party trying to enforce these laws; cases where we try to persuade courts to apply the specific, narrow exceptions to these general rules in order to have custody cases heard in the most convenient forum in which the most evidence is available; cases where the child's home state or other basic questions need to be clarified; and cases where parents have been falsely accused of violating these laws. In addition, criminal laws have recently been enacted concerning international and interstate child abduction. We stay familiar with these laws because they affect our clients' cases and affect how jurisdictional laws and the abduction treaty are applied, but we do not serve as criminal defense attorneys or prosecutors. For more information, see Richard E. Crouch's What if Your Child is Abducted?


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Disclaimer: Items are not to be considered legal advice or to create any lawyer-client relationship. In addition, taking any legal information out of context, i.e., using it in a different court or a subtly different kind of case, or without the training to understand all of what it means or doing research to verify it, usually has disastrous consequences.