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?
If you have a custody order and you move to another state, you will generally still have to return to the original state and ask the court that issued the order to make any modifications (changes) to the order. However, it is possible that your new state would agree to modify the order if:
- the original court decides that it cannot modify (change) the order; or
- the original court agrees to transfer the case to your new state; or
- there are no longer any interested parties (the child, a parent, or an individual acting as a parent) living in the original state.1
Note: In the situations described in #1 and #2 above, you would still have to file your legal papers in the original state and ask that the case be transferred to the new state for the modification hearing. In the situation described in #3, you may be able to file the modification petition in the new state you are in without first going back to the original state.
1 UCCJEA § 203