Are there exceptions to the "home state" rule?
Yes. There are exceptions to the “home state” rule.
In some cases, you can file for custody in a state where the children and at least one parent have “significant connections.” Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state hear the case.1 This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this.
For a list of legal resources, please see our KS Places that Help page.
You can also file for temporary emergency custody in a state other than the home state if:
- the child is present in the state, AND
- the child has been abandoned, OR
- it is necessary in an emergency to protect the child because either the child, a sibling or a parent of the child is subjected to or threatened with mistreatment or abuse.2
1 See K.S.A § 38-1348
2 K.S.A. § 38-1351(a)