Custody & Kidnapping

Since you asked about where you can go to file for custody of your child, I wanted to explain that in many states, a parent can file for custody if s/he files in the “home state” of the child. The “home state” is the state where the child has most recently lived with a parent (or a person acting as a parent) for at least six consecutive months. In the case of a child less than six months old, the “home state” is the state where the child has lived from birth. A short, temporary absence from the state does not change anything.

If a parent and her/his child move to a new state, generally the parent cannot file for custody in that new state until s/he has lived there for at least six months. Until then, either of the parents can start a custody action in the state in which the child most recently lived for at least six months. There are exceptions to this rule in some states. For example, if a parent or the child or a sibling of the child is in danger of maltreatment or abuse, a parent may be able to file for temporary emergency custody outside of the “home state.” There is more information about the “home state” rule in STATE here: LINK

Within the “home state,” the county that a person should file in depends on the state’s rules. Some states allow petitioners to file for custody in any county of the state, while others require that custody be filed in the county where the child resides. I am not sure what STATE law requires, but you can read more about custody in STATE here: LINK. You could also consider calling or visiting your local courthouse to ask for more information. We have location information for courthouses in STATE here: LINK. Further, you could consider contacting a free or paid attorney for further help with the specifics of your case. We have information about finding an attorney here: LINK