Interstate Custody Disputes: Which State Has Jurisdiction?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

The UCCJEA, adopted by all 50 states and D.C., establishes clear rules for determining which state has jurisdiction to make initial custody determinations and modify existing orders.

Home State Jurisdiction

The primary basis for jurisdiction is the child's "home state" — the state where the child has lived with a parent for at least 6 consecutive months before the proceeding begins. For children under 6 months, it's the state where the child has lived since birth.

When There's No Home State

If no state qualifies as the home state, jurisdiction falls to a state with significant connection to the child and at least one parent, and where substantial evidence about the child's care is available.

Exclusive Continuing Jurisdiction

Once a state makes a custody determination, that state retains exclusive jurisdiction to modify the order as long as one parent (or the child) continues to live there. Another state cannot modify the order even if the child moves.

Emergency Jurisdiction

Any state can exercise temporary emergency jurisdiction if the child is present in the state and has been subjected to or threatened with mistreatment or abuse. Emergency orders are temporary and must be replaced by orders from the proper jurisdiction.

Enforcement Across State Lines

The UCCJEA requires all states to enforce custody orders from other states. If a parent refuses to comply with a custody order, the other parent can register the order in the new state and seek enforcement through the courts.

Practical Tip

If you're considering relocating with your child, consult an attorney first. Many states require court permission before moving a child to another state, and failing to follow proper procedures can result in serious legal consequences.