Know the Laws:
UPDATED March 19, 2008
Custody laws are state laws, not federal laws, and each state has a different law (also called a statute). As with everything on this site, this information is not legal advice. Custody is complicated and it is important to try to find an lawyer who understands domestic violence to help you with your case.
Below is general information about custody. The terms used on this page are defined generally, and may have different meanings in your state. Please check your specific state's laws.
General Information
back to topDo I need a lawyer?
Custody cases are complicated and it is important to try to find an experienced lawyer to help you with your case. Please click on the Where to Find Help tab at the top of this page to find a lawyer or to find an advocate who can help you find a lawyer.
If you find a lawyer, be sure to ask about his/her experience with custody and domestic violence cases. You may also email us and we will try to help you find someone who can help in your community. For tips on working with a laywer, click on Choosing and Working with a Lawyer.
back to topHow will a judge make decisions about child custody?
Judges make decisions about child custody based on whatever they think is in the best interests of the child. States have different rules and guidelines, but the general rule is "the best interest of the child." This is defined differently in different states.
back to topWhere can I file for child custody? (Which state has jurisdiction?)
Figuring out which court to go to in order to file for a custody case can be difficult.
If there is more than one state involved - for example, if the child has moved across state lines, or if the other parent is in a different state - then it is more complicated. In these cases, both state and federal laws may govern which court can hear your custody case. Therefore, as in all custody cases, it is very important that you find a lawyer to help you determine which court to go to.
Most states have adopted either the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). These laws differ, so whether a court can hear a child custody case depends on whether your state has adopted the UCCJA or the UCCJEA.
In most situations and in most states, you can file for custody in the "home state" of the child. The "home state" is the state where the child has lived (with a parent or a person acting as a parent) for at least six consecutive months. If your child is less than six months old, the "home state" is the state where the child has lived from birth. (Temporary absence from the state does not change anything.)
If you and your child recently moved to a new state, you may not be able to file for custody in that new state until you have lived there for at least six months.
However, you may be able to get emergency jurisdiction in that new state. If your state has adopted the UCCJEA, you can file for temporary emergency custody in a state other than the home state if:
1. the child is present in the state, and
2. the child has been abandoned or needs emergency protection, because the child (or a sibling or parent of the child) is subjected to or threatened with mistreatment or abuse.
In a state that had adopted the UCCJA, it may be more difficult to get emergency jurisdiction if the child has not been abused.
Obtaining emergency custody is difficult, so please talk to a lawyer before you file with the clerk of court. You may also want to talk to a domestic violence advocate about your options and for help in finding a lawyer.
Until then, you or the other parent may be able to start a custody action in the state that your child most recently lived in for at least six months.
Under certain circumstances, there may be other ways to file for custody if you are not in the child's home state and if it is not an emergency. This can be complicated, and if you think this applies to your situation, please talk to a lawyer about this.