Custody

You can file for custody in the “home state” of the child or a state where the child has significant connections. The “home state” is the state where your child has lived with a parent or a person acting as a parent for at least six months in a row. (Leaving the state for a short period of time does not change your child’s home state). If your child is less than 6 months old, then your child’s home state is the state where he or she has lived since birth. However, there are exceptions to the “home state” rule – see What are the exceptions to the home state rule?

If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, you or the other parent can start a custody action in the state where your child has most recently lived for at least 6 months.

Example: If a family lives in Vermont for one year, Vermont is the home state. If one parent moved to New Hampshire with the children and has lived there for only 4 months, then Vermont would still be the home state. This means that he or she would still have to file for custody in Vermont. Once s/he has been in New Hampshire for 6 months or more, then New Hampshire would become the “home state” and s/he could file there.