Custody & Kidnapping

I’ll do my best to provide you with relevant information but the subject matter is complicated and varies to some extent by state. Therefore, you really may want to speak with a local attorney familiar with inter-state custody disputes before taking any action. To find an attorney in your state, you may click on the following link: LINK

Also, if you are a domestic violence victim, the Legal Resource Center on Violence Against Women specializes in interstate custody disputes and parental kidnapping. They may be able to answer some questions for you or help refer you to a local attorney. Their contact number is 301-270-1550.

Although I can’t speak to your situation or your state’s laws, generally, a custody case may stay in the state where it was issued if the child and one of the parents has a “significant connection” with the state (other than just physically being in that state) and there is a lot of evidence available in that state concerning the child’s care, protection, training and personal relationships. So, if a parent is asking the new state where s/he is living to modify your custody order from a former state, s/he might have to prove one of the following to the court in the former state (but, again, only an attorney in your state can confirm all of this information for you):

1. there are no longer significant connections/substantial evidence regarding the child in the former state (if, let’s say, for example the child’s recent school, medical, and other records are located in the new state), or
2. none of the child’s parents or guardians still live in the former state.

Even if a parent can’t prove one of these two things above, a third way that a person may be able to try to get a case switched to his/her new state is if the judge in old state agrees that the new state would be a more “convenient forum” (place) to take over the case. To decide if the new state is more convenient, the judge might look at:

1. whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
2. the length of time the child has lived outside of the former state (the longer, the better);
3. the distance between the former state and the new state;
4. the relative financial circumstances of the parties (for example, possibly if the other parent is in a better position to handle the costs associated with flying to another state to appear in court, it could weigh in the petitioning parent’s favor);
5. any agreement the parents may have over which state should have jurisdiction (power) over the case;
6. the type and location of the evidence needed to resolve the litigation (including testimony by the child);
7. the ability of the court of each state to decide the issue quickly and effectively; and
8. how familiar the court of each state is with the facts and issues of the case (for example, if there was a 2 year-long trial in the former state, perhaps the judge in the new state may be less likely to take over the case than if the parties only appeared in court once or twice in the old state).

You can read more about this information on our website at “I want to modify my final custody order but I have moved to a new state. Can I have the custody order modified by my new state?”

As far as the process goes for you to actually try to get the case transferred to the new state you are in, you may want to ask an attorney about this. In general, it might be that if the other parent still lives in the former state, a person may need to file a motion (legal papers) in court in that state asking the court to change the place where the case is heard (which may be called a motion for a change of forum, jurisdiction or venue). A petitioner may be able to file this motion even if the other parent files a motion for modification of the custody order in the former state first but you may want to check this with an attorney if that is what has happened in your case. However, if no one (the child, either parent, or anyone acting as a parent) still lives in the former state, then a petitioner may be able to file for modification either in the former state or in the new state. Again, figuring out the best place to file may be something to strategize with an attorney. The court in the new state may decide whether or not to bring the case to the new state or not.

Finally, I want to repeat that only an attorney can advise you on this and you may really need an attorney to get help with this. I know this information is very complicated and having an attorney that you can talk to in each state to help you file whatever papers are necessary and to help you decide if you have a good shot at getting the case switched to your new state may be necessary. You can find free and paid lawyers in STATE on our website.