English
Español.Dad lives in different state than mom/kid. Can dad file for custody in his state?
Although I cannot speak to your specific situation, generally the state where custody petitions are filed by either parent is the child’s “home state,” which usually is where the child has lived for the past 6 months consecutively (although there are exceptions). A parent cannot necessarily file in a different state just because the parent lives there – the key is where the child lives or has lived or if there was a current court order, that may be factored into where future petitions are filed. If a parent does successfully file in a state that is not the home state, there may be ways to get the case dropped or transferred to the home state – you would have to talk to a lawyer if that happens to get legal advice. Again, there are exceptions and I cannot speak to your situation. You would need to speak to a lawyer who specializes in custody if you have questions about your specific case. You can find lawyers, low cost and free legal services in both states at this link: LINK and LINK
If there is no current order, a parent filing for custody would have to prove that it is in the child’s best interest for him/her to get custody. Here is a link to the factors that a judge would consider when deciding custody:LINK
If there is a current order, to try to modify the visitation/custody order that already exists, a parent generally has to prove that a substantial change in circumstances has occurred since the order was issued before the judge will consider changing it but I cannot speak to the specific standard in your state.
Also, if you’d like to read more about custody issues, please see the following link in each state: LINK and LINK
