How does custody work if you live in different states?
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How does custody work if you live in different states?
Full faith and credit means that the Courts in every state will recognize that child custody order. If the child lives in a different state than one of the parents, the UCCJEA determines which state has jurisdiction or the right to hear the child custody case.
How does divorce work if you live in different states?
If you and your spouse live in different states, you may divorce in either state in which one of you has met the residency requirements before filing. It may be to your advantage to file before your spouse, to save yourself the fees associated with traveling to the other state for court appearances, for example.
What state has jurisdiction over child custody?
Jurisdiction will lie in the child's home state, or in a state where the child has resided for the six months prior to the filing of the action. Any parent seeking custody must also reside in the state in which the custody action is filed for six months prior to filing the action.
Where do you file for divorce if you live in different states?
You do not have to go back to the state that issued your marriage license. Instead, you can only file in the state where you or your spouse meet the residency requirement. Before a court will hear a case, one of the spouses must be able to meet the residency requirement.