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Legal Information: General

Custody

Updated: 
April 27, 2023

Why might a judge agree to transfer the custody case to my new state?

The judge might agree to transfer your custody case to your new state if you can meet one of the following requirements:

  1. the judge in the original state finds that they do not have “continuing jurisdiction” because there are no longer significant connections or substantial evidence regarding the child in that state;
  2. the judge in the original state finds that the new state would be a more “convenient forum” (place) to take over the case – see What factors will a judge consider in deciding whether the new state would be a more convenient forum (place) to hear the case? for further explanation of this; or
  3. the custody case is over, and none of the child’s parents or guardians still live in the original state and neither does the child.1

1 UCCJEA §§ 202, 203

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