Jurisdiction - How does that work in family court?

Question

This is a hypothetical situation.

Let's say that there is a mom who had a one night stand resulting in a baby. Guy was gone the day after out-of-state and no contact has been made. Child is 2 years old now and mother and child are vacationing out-of-state and father happens to see them in his home state. Can he file for custody (or any action for that matter) in his state or does he file in the child's state of residence? Can he prevent the mother from leaving the state with the child (they are on vacation, remember).

I believe that the state the mother/child are visiting does not have jurisdiction-only the state where the child is a resident. What's the scoop?

Answer 1

The Uniform Child Cusotdy Jurisdiction Enforcement Act has been adopted by most of the states. Pursuant to the UCCJEA, the child's home state has jurisdiction over custody and visitation disputes. The home state is usually defined as the state where the child has resided for the last 6 months.

There are other circumstances which allow states to exercise jurisdiction over a child who is not a resident. However, those circumstances usually involve an emergency or life threatening situation.

You should talk to an attorney in your state to give you specific advice about your situation and the possibility that the Court will exercise jurisdiction.

Answer 2

He only can file at the superior court of his county, within his place of residence. If he does, the mom will have to travel to his state to appear for court dates. The custody arrangements will depend on how you settle with him. File for child support right away and make your place the primary place of residence for the child. This way, he will have to travel to your state for visitations.