Divorce

Whether or not custody must be decided in a divorce often varies by state. In some states, custody must be established in the divorce or in a court case prior to the divorce and then incorporated into the judgment of divorce. In other states, a couple can get divorced and the custody case can be decided at another time, which often may happen especially if the court that is issuing the divorce has power over the marriage but doesn’t have power over the children of the marriage because the children live in another state. Generally, only a judge in the state where the children have lived for at least the last six month can make a custody determination over the children. To get specific advice about your situation and your state’s laws, you would have to talk to an attorney who is familiar with divorce and custody in your state. Here is a link for legal referrals: LINK and here is some basic information on divorce in STATE: LINK and on custody in STATE: LINK