Child Custody Across State Lines

UCCJEABy Matt Allen


Child custody cases frequently involve multiple states due to a party moving post-divorce or even during the divorce process.

A common acronym is mentioned during any dispute involving child custody cases across state lines: UCCJEA.

UCCJEA stands for Uniform Child Custody Jurisdiction and Enforcement Act. It’s a set of uniform laws states have enacted that outlines the process of avoiding jurisdictional competition by the courts in matters of child custody and to promote cooperation with all the states and help enforce the court decrees of other states, according to the attorneys at the domestic litigation firm Cordell & Cordell.

Basically, the court that originally determined child custody would retain exclusive and continuing jurisdiction over any and all issues arising out the custody of the child.

Cordell & Cordell understands the concerns men face during divorce.

Jennifer Paine, a Cordell & Cordell Michigan attorney, said the UCCJEA vests continuing, exclusive jurisdiction for child custody cases in the child’s “home state,” i.e. where the child has lived for six consecutive months prior to commencing the case (or the child’s entire life).

There are cases where the original state may no longer exercise jurisdiction though as part of the “home state” determination under the UCCJEA, said Cordell & Cordell attorney William Halaz.

One of the reasons would be if none of the parties still live in the original state. The original state would also lose jurisdiction if the court determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with the original state, and that substantial evidence is no longer available in the original state concerning the child’s care, protection, training, and personal relationships.

Fathers also wonder about paying child support if a child has been emancipated in one state and then moves to another state with a higher age of majority.

But the UCCJEA holds that if the child has already been emancipated in the original state in a court order, the new state may not “un-emancipate” the child, according to Halaz.

If the UCCJEA applies in your case, then the motioning parent may file an action in the children’s current state to request that the prior state’s court relinquish its control to the new state’s court, according to Paine.

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91 comments on “Child Custody Across State Lines

    My divorce and child support were established in New York State 2002. My ex-wife moved to Texas in 2006 and never let me know. She had my son lie to me, until I started receiving letters for Child Support in Texas. Fast forward to 2019 and I am still paying New York who refuses to close the CS Case and let Texas take over and on top of that New York just recently changed my obligation that was bi-weekly to weekly and its 3 times as much as I was paying. I work for the government therefore my Child Support has always been electronically taken. How can NY make such modifications to my support with NO court order or modification? My obligation went from $15,000 to $44,000 a year for one child that does NOT live in New York and hasnt for at least 7 years.

    I live with my dad, but while I was visiting my mom in Ohio, my dad lost custody of us, and technically I could live with my mom, but I chose to live in ky with my grandparents. My mom has to bring us down to ky though, even though we were supposed to stay in Ohio for a week. Is there any way for us to stay in Ohio for the remainder of the week without fully moving here?

    I have a 16 month old and I live in ohio his father moves to Pennsylvania. O have been his sole provider since birth. He wants to file for custody. What will the judge most likely rule

    Entire marriage from June 2004 My wife and I have lived in Illinois and had 4 kids 2 girls 3-5 yrs old and 2 boys 11-13 yrs old and all 4 kids, born and raised in Illinois.
    Wife took off with 4 kids in July 2018 to parents home in TN. After only 2 weeks, she says to come pick 2 sons up as her mom verbally,emotionally abused my 2 sons & my oldest at 13 physically abused him, by trying to force his mouth closed because he disagreed that my side of family are losers, Devils etc.
    She made a lot of parental alienation statements to our sons about my family.
    My 2 girls 3-5 yrs old are still there in TN for last 7 months and wife has made it nearly impossible to see them.
    I have my sons here In IL, Boys 11-13 yrs old. They are in same school district their whole life and I put them in therapy as soon as i got them back in August and my sons abuse events from my mother in law, & FIL and even my wife’s younger 23 yr old brother told my 13 yr old son he was going to beat the F*%# out of my 95 lb son were documented by their child therapist & Sons school Psychologist.
    When my oldest told my wife what happened, She said he deserved it for disagreeing with my wife’s mom. She didn’t witness that episode & denys it happened. When my wife’s mom told my youngest son that my side of family was losers, liars, alcoholics – my father is sober 53 yrs and a pillar in the AA community, she told my son that my stepmom isn’t really his grandma because she doesn’t have the same blood as my son and called me the devil.

    During that event my wife was right there sitting across the table from my at the time 10 yr old son and when her mom was done, all my little guy said was “Mommy, when can we go back home, I dont want to be here anymore” Well my wife’s mom went ballistic and started screaming at my son saying ” You are a ungrateful F&*King Coward, just like your father”. I asked my son what did your mom do, he said she didn’t say a word and had tears welling up in her eyes and never apologized to our sons for any of it.
    Another thing is wife and i were in Marriage counseling for 4 yrs – 5 yrs ago as she attacked me 5 times all self admitted and documented in therapy and i filed 1 police report and her mothers abuse history towards her father all documented in therapy as my wife admitted it.

    She filed for divorce 6 days after getting residency with my girls in Jan 2019

    Entire life all of our kids have only close with my family as her parents had nothing to do with our kids, no calls to talk on phone, no birthday calls, cards, Xmas, Nothing!

    My dad and stepmom came out 1-2x per week to babysit. I am breadwinner and make almost 100k per yr im at same company for 17 yrs as an engineer. Wife makes about 25k per year.

    We own our home no payments and boys in school here entire life and involved with church & scouts.

    Wife filed for custody of all 4 kids. Can i get jurisdiction changed for the custody case from Tennessee to Illinois as boys have all ties here and are with me they have lived here their entire life and the only ties our daughters have in Tennessee is my wife’s parents and for only 7 months, our sons are scared of my wife’s parents & brother after what happened & also because my wife, she didn’t protect them shes diagnosed bipolar, she sees a Psychiatrist, is on meds, drinks wine every night when she was up here for last 2 yrs before she left and my boys witnessed it and the 2 weeks down there, she also still breast feeds our youngest daughter at 3.5 yrs old while drinking and on bipolar meds.

    Her mom is also bipolar and this isn’t the 1st time her mom freaked out as her mom did it my wife’s sister and her husband and kids and on meds drank wine every night. Wife has emailed and texted a few times that’s shes depressed.

    Im afraid for my boys that they would be brought back into that sick home and my wifes failure to protect our boys and i think the girls are being told stuff to as 2 weeks before my wife left they went down for 4th of july for a few days and i asked my at the time 4 yr old daughter if her grandma down there said anything and she said her grammy said i was a bad daddy. So i know if i had girls see a therapist more than likely it would come out as ive asked my wife numerous times on phone and email that she needs to get girls in therapy and she hasnt. My wife wont even tell me where the girls go to daycare.

    I would like to think that If a judge down there hears the issues (History of abuse of my wife did to me, her moms abusive actions and past all documented and self admitted by my wife in therapy, Alienation, our boys being older and in school system their whole lives in Illinois, my job and years at it, finances i make 4x, my family’s involvement of entire lives and visitation every week, the house as its paid for) surrounding the request to move jurisdiction from Tennessee to Illinois that it would weigh in my favor?

    I spoke with an attorney down in Tennessee and he doesn’t think we could get jurisdiction changed and id be wasting $2500 or more just for that. I dont get it, How would it be a better environment or in the best interest of the kids when all they’ve know is our home in Illinois and due to my sons entire lives in school system up here.

    Could i file for custody of our sons or something to keep them in Illinois or go to an Illinois Lawyer to file something like an emergency order to keep them in Illinois as they dont want to move or be around their moms parents and brother. I’ve got 2.5 weeks to respond to the complaint.

    I am from Philippines we moved here in Georgia 2months ago & get married an American citizen. Now I have a daughter 7yrs old her father live in California we are always fighting when it comes to support & threatening me that he will file a custody of the child. We never been married. He left us for another woman & decided to support my daughter each month. The only thing that i don’t like is that sometimes for calling me that it’s money that i want from him. His already married I am worried that he will cutoff his support one day. I wanna fight for my daughters right, peace & legal support. Hope to hear from you. Thank you

    About 4 years ago my husband and his ex went to court and he became custodial parent and he has the kids all the time except every other weekend. This all happened in the state of Louisiana. About two years ago the mother moved away to North Carolina for six months for school but decided to stay up there. Now she is planning on buying a house and getting married so she wont ever be moving back here. She calls occasionally and has came down to visit the girls twice for about 4 days each and we let them go up to house last summer for 4 weeks and this summer for 6 weeks. She has asked us both summers if she could have the girls for the school year but we say no. I basically want to know does she have any rights or what if she decided not to give girls back at end of summer what would happen. We are fine with her seeing them some but do not want her to get custody back of the kids ever. She also is supposed to be paying my husband child support and she pays a little sometimes but is way behind. We asked her about signing over rights and ending child support but she wont go for it. She also has an older child that lives in North Carolina that she doesn’t have custody of. I really need some info please. Thank you.

    I have sole custody of my 17 year old. At 18 in Ohio she is age of majority. She wants to live with Dad in Alabama and finish her Senior Year of high school. At 18, I can not stop her and custody goes away in Ohio. Will she lose her age of majority when she moves to Alabama? Alabama age of majority is 19. She tells me the school will not enroll her unless I give Dad custody. Would Dad be able to file for custody in Alabama? Does jurisdiction stay in Ohio?

    My ex-husband has the custodial rights and me the non custodial parent. My question is my son has lived with me for the last six years, what would be my next step to making sure he can’t just jump back in and take him from me. My son has lived with me since 1st grade and will be starting middle school in August. Now his father wants him to move to Texas with him. What can I do to stop this being the non custodial parent?

    my daughter gave birth to my grandbaby in ky the baby is still inky hospital do i need to go to ky to file for custody of the baby. she is incarcerated

    Ok so my friend and his ex had a custody agreement in one state but he moved to another and recently found out she has moved to the same state not far away does the original custody agreement still apply or does he have to start over and file for the visitation again

    How do I, as a grand parent, get my grand child out of a dangerous situation of neglect? I live in another state and the 7 year old is asking to come live with me. What do I do? I have no money for an attorney and this little girl is basically begging me to rescue her? Please help!

    Me and my ex have an agreement that she can not take our daughter 100 miles without my written permission in our divorce creed. She not only did violated the court finds but she move to another state. I haven’t seen my daughter in 7 yrs. I pay child support and not behind at all. What can I do to see my daughter!

    I am pregnant and am considering moving back home to Illinois to get help from my family. The father of my child, who I was never married to and I believe sabotaged our birthcontroll, lives in Florida and does not help me. He has blocked me from his Facebook. He also told me to contact him after I’m past the point of the 3 month abortion period my body has. If I move to Illinois and file for child support there will I have to pay for him to visit his child ? Or is it all on him?

    Hello, I live in Georgia and my son’s and his mother live in Kentucky. I recently received paperwork saying I have a court date in Kentucky for an increase in Child support payment. My question is, Can Kentucky make me come across two state lines to come there for court?

    Sept. 19th 2017
    July 2017 my ex-wife daughter in law drove her truck through her mother’s house trying to kill her. First she hit a police officer, then her mother pinning her between truck and house. The office had a broken leg serious injuries. My granddaughter was in the house where she drove through, but no injuries. My son left Florida 3 and a half years ago because his ex-wife was trying to put him in jail again for no reason. He was not to have any contact with his daughter but he did talk to her twice but has many text where he has kept up with her welfare. The court at first opened the case for him and us, the grandparents to get to know her again. After a month we go back and they are trying to adopt her out. We were dumbfounded we thought we were going to see her. Wrong! They would not let us see her because she doesn’t know us. What do we do?

    Hi I’m at 27 yr old mother with a 4year old daughter my husband was in prison since my daughter turned 1 so for 2 1/2 years I have taken care of my daughter alone he was released a couple days before Thanksgiving 2016 I was at the time living with my daughter in Texas and he was in New Mexico he asked me to see her and as a good mother I allowed him to see her we’ll after he saw her he refused to give her back it’s been 8months since I’ve seen my daughter we are currently going through a divorce/custody battle how is it that he isn’t considered for kidnapping my daughter from me? He filled for divorce in December 2016 and it’s almost November of 2017 I don’t understand how a felon can continue to withhold my daughter from me and the police can’t do anything the courts are taking forever I currently live in TX and my daughter stayed behind with her father in NM how do I retain custody from another state please help me.

    Definitely consult your lawyer before doing “my” suggestion……

    What does your current custody order say? You may have the right just to go pick her up. I would do it at a neutral location like at school or daycare and make sure you have some papers with you from the child’s home state.

    Push for an ex-parte motion first that can get a police warrant from the other state. You can do this if you can prove she is in imminent danger. Being a felon and stuff after 8 months, that might be doable. Be thorough with his history with the judge and more recent the better…..

    You would have to file in nm see if you would have file for a motion for return of custody he was going to have to come to your state I’m dealing with this now!

    My Ex-wife is married to a convicted drug felon that spent time in prison. She has bought guns and treated my twin sons that are 13 like crap. Her husband is calling them names and beats them for touching the thermostat. I ask if it is true and all I get is a cover up story from her. The 2 boys don’t like living with her and want to live at my house. She doesn’t want to let me see the divorce decree that says I have no rights. And if that was true why am I still paying child support.

    Hello. My husband and I reside in Florida. He has 2 children from a previous relationship that live in Ohio. The mother is doing pretty badly and the children are barely eating. We have been made aware that possibly DCFS is on to her. The kids are only 9 and almost 7. The mother is living with a “friend” in a one bedroom apt with no a/c. My husband has reached out to see if she will give us custody of the kids while she does what she needs to do to get back on her feet, voluntarily. (She has already had 2 other children taken by their fathers) I’m wondering what we need to do so we can get them enrolled in school, with the hopes the mother agrees. And if the mother does not agree, what our next steps are to get the kids before they get put into the foster care system. Any help is appreciated. Thank you.

    My cousin and his wife have recently separated due to claims of infidelity. they have a 6 month old baby and she refuses to let him see the child. she has blocked him from all social media, blocked phone calls, and has moved from her previous location and is MIA. there is talk around town she has moved back to Idaho. We live in California, there were no custody orders or even a divorce in progress. what can be done to get this little girl back home?

    If I live in Utah can I try and get my daughter back with me the father if the my daughter lives in Florida

    Hi my Nana me is Lindsey I currently reside in cleveland ohio with my 3 children. I was previously with the biological father of all 3 of my children for 11 years. I left him about 8 months ago and I plan on moving to another state with my children. My children father did not sign or want dna done. But because I told him we were moving now he wants dna. I let him see or get them when ever he wants cause I know we are moving. I’m not the type to not let him see his children. I also told him that he could get the kids once they are out of school once we move. My question is is this a type of way to stop me from moving with my children? He is the type who just want us to suffer an progress in life just to satisfy himself.

    Okay, so my mom and dad was divorced in Mississippi and the age of emancipation there is 21, but I’ve been in Kentucky for 4 years and it’s 18 for age of emancipation. Which one do I follow

    Our original child support and custody were drafted in Virginia. My x moved to New Mexico with the children. I moved to New Mexico to be closer to my children but the pay is significantly lower, so the child support was altered. Without my knowledge my lawyer, his lawyer and the judge created a new child support stipulation stating my job is to pay my x directly to his account and not thru DCSE anymore. My x then claims he’s not getting paid as well as DCSE claiming they are not getting paid. I asked child support division in NM about this to see if it’s normal to pay directly and to cut out DCSE… but they stated the document is not valid because they never referenced the original support order from VA. Is this true? My x has now moved to New Jersey. I want to fire my lawyer because of not alerting me if court dates and releasing info, I had to go to the courts to purchase the court proceedings and find out on my own what happened in court.

    My husband has a daughter in St Louis and we live in Georgia. the mother of the child will not allow the child to visit us or her siblings in Georgia. Missouri state law has passed that the father can get the child %50 of the time now. But we just want her a month of the summer. How can we go about doing this when we don’t have a lot of money to fly back and forth to St. Louis.

    Me and my girl friend and i have been together for 8 years an a half years and lived with eachother for 8 and we have 2 kids together well she took them to california to visit her parents so they can see n visit my daughter they havent met n we are from texas and my kids were born in texas well 2 months passed n now 6 months. She keeps promising shell come back but doesnt n planning on staying 8 more months if needed becuase she out my son in speech class without my knowledgs n now says when his school is up we will come back but i think she just wants to live there when i told her countless times he can get help here and she say no he can and they wont come back until hes done can she do that kerp them from me when my son can get help here. They are in california right now but born in texas. What can i do about this. Some one please help me. I miss my kids…

    So I have full custody of my daughter in the state of virgina but father has her in Philadelphia and we had I filed first in virgina so when he went and tried to file for full custody in Philadelphia the jurisdiction didn’t go through because I started in va with custody so now I have full custody in va and now Philadelphia are honnering my full custody too in philadelphia i got papers in mail today stating that I have full custody in va n now in Philadelphia and they have to go with va court order. So does that finally mean I can go get her with a cop to escort her to me ??

    Okay, so I’m wanting out of the relationship with my fiancé. I work all day, come home at 10:00 at night, instantly start cooking and cleaning while helping with the baby. The only problem is, she really never leaves the couch and watches TV all day and I’m getting tired of it. She was put on bed rest and had a C-Section which is understandable, but the C-Section is healed and she still will not do anything in regards to helping keep the apartment clean nor finding at least a work from home job. I come home on my lunch periods to cook her lunch and I usually don’t eat a single meal until I’m able to cook supper at night. I have tried to end the relationship before, but she had threatened to take him away to Iowa with her and raise him “without his father.” I’m hard working, love my son and I’m desperate as hell for my son to not be with his mother, especially with her uncle and brother and some of the stories she has told me. Please help

    Sorry to hear your situation and glad to read that you are a concerned and involved father. Could it be that your partner is going through Post Partum depression? I would suggest that you file a petition in court for custody prior to her moving. From what I have noticed, the court views very well when a father is the one initiating custody/visitation. If you have concerns for your child’s safety, I would ask the court to order a psychological evaluation of the mother. If possible hire an attorney for your custody hearing/determination. It’s sad that men don’t always have the upper hand in situations like this. However, having an attorney represent you is better. Hope things work out for you.

    My son is going through the same problem with his fiancee they have a 10 month old and the mom just sits on her phone while my son does everything for his baby . she now is saying she want to go back to ny .my son dont want his baby leaving north Carolina were we live at. What can we do

    I have sole custody of my son from the divorce in missourI n 2001 he lived with me for 14 years in MISSOURI let him move to his mother’s in COLORADO a little over a year ago. Now he has run away. If i go find him and bring him backhome to missouri since i never changed the custody order will i get in trouble?

    I am a grandmother, living in Florida, and my granddaughter lives with her wretch of a mother in Tennessee. She has denied me ANY and all communication with my granddaughter, who is now 5 1/2, since she was a year old. My son was sent to prison, for a non-violent crime and no crime against the child or mother, 3 years ago and he has been released and is now living with me in Florida. They were never married and there was never a custody agreement or parenting plan in place through the state of Tennessee. My son spent every waking moment allowed with his daughter before his incarceration. He asked the mother if he could speak with his daughter when he would call, she would scream at him that she doesn’t know who he is and that he is a horrible person that doesn’t deserve her, and he could hear his daughter crying in the back ground, so she heard these things, and then she would hang up on him. He sent cards and letters that were never given to her, as did I, for birthdays and Holidays. My son has completed parenting classes, rehabilitation classes, everything under the sun to ensure that he would be able to see his daughter once released and back on his feet. The mother has thrown a fit stating that neither of us has ANY rights since I am only the grandmother and her father is a “criminal”. She still refuses to allow us to even speak to the child unless we travel to Tennessee and “meet with her for a few hours to see my granddaughter”. She has been extremely conniving in the past and has her own arrest record for drugs, has another baby, and is still unmarried, living with her 70 year old parents. I want to know what rights my son has being in a different state, and not having the means, at this point, to just drive 13 hours, spend a couple of hours with his daughter, and drive another 13 hours back home. There isn’t even a guarantee that she will let him see his daughter if he does go up there. An attorney wants a ridiculous amount of money to even answer these questions for us. Can ANYONE please tell me what we can do!!!

    My ex husband use to beat me and my kids. I got a restraining order and temp custody in louisiana he was ordered anger management and wasnt to see kids until he completed it and petitioned the court for visits. He never petitioned the court.I later moved to mississippi and he and i agreed on our divorce and he gave me full custody with him having visitations. During visitaions he assaulted my daughter and i pressed charges. Nothing was done. So she just quit going for visits.years down the road i was having financial trouble he wouldnt pay chuld support so i went to alabama to stay with family and try to find a job and house. I was only there 3 days and he had called dhr and told numerous lies and had my kids pivked up. We wasnt legal residents there and my attorney asked to have my case sent back to ms because their dad petitioned court for custody. Judge denied it even though he didnt know all the situation with abuse. I passed drug test for ten months had stable home and job did everything dhr asked. But they still gave my ex custody and sent my kids back to ms with him. Where he is now abusing my children drinks and drives with them in vehicle calls them stupid. He and new wife works nights sleeps all day and drag my kids to parties all hours of night and is never home with them. My kids are terrified togo home he is ordered to pick them up on sunday but never does. Sopolice told me he is in contempt to keep them. Ive been told since we wasnt residents for 30 days in alabama that his custody isnt legal and mine is still. We bothlive in ms now. Othets say judge over ruled it so his is legal. Im in fear for my kids. Can i keep them and file for emergency custody ot what? I dont want to keep them illegally and be arrested and lose them. Im all they have good in their life. I just want whats best. My kids arr 16 and 14 old enough to choose who they live with. My daughter ran away at 15 because she hated being with him. She cuts herself and said if ahe has to stay with him she will ryn away again or kill herself! Please help!!!!

    I just recently moved to Florida from california (as in 2 days ago recently)…I’m a single 28 year mother with a 7 year old son..I don’t have custody of my son my parents do..I did nothing wrong for this to happen I actually signed over custody so that he could be covered by their medical insurance (my job didn’t offer me or him any and the medical insurance offered by the state wasn’t any good).I was hesitant to do this but they assured me they would never use it against me..Well to shorten it they lied..I plan on moving back to california next summer and want my son to go with me..So my question is does guardianship for them count OUT of california? Any help or advice would be greatly appreciated.

    My grandson lives in FL. His FL residing parent was granted custody by a GA court (where the child was living at the time.) Years have passed, situations have changed. The child (age 12) wants to return to GA. Where does the petition need to be filed? Which state has jurisdiction?

    I have 3 children with my ex. Her and I were never married and there are no papers, agreements, court orders, etc. regarding custody, chil support, or visitation. I am on 2 of my Childrens Birth Certificates. But I am not on my eldest Son’s Birth Certificate. He is currently 16. I am although, on both minor children who are 15, and 11. All were born in Florida. But neither the Mother nor I or Children reside in Florida. She lives in Michigan, has moved countless times, and has at times(more often than not) unfortunately used my children as leverage for her demands. I have been a constant in their lives, although ther have been extended periods without contact due to her having possession of children, and my inability to move and follow her. And her just “hiding” herself and kids. I have supported my children when they were allowed too, or I should say, when she was in need of assistance. When she was not hiding them I made multiple trips per year to see them, paid 350 every paycheck(not court ordered), and everything a father would, and should do.
    I am currently blessed to have gotten them with me. She came from behind her curtain after I stood my ground and demanded access to my children in order for her to receive money. All 3 are with me now. I have no criminal background, am gainfully employed. Can offer the best to them. Health insurance, stability, schooling, transportation, and other things she is unable to because she has not been employed in years. My children have suffered mentally, and physically due to her actions and obsession with animals. Which upon last visit to her apartment the ammonia smell was overwhelming. I drove to get them and they are ate up by fleas, malnourished, and in need of some medical care. How can I take this opportunity to provide them the life they deserve, and have for so very long? I know I have to establish Paternity for my oldest. But then what? Time is getting short. School starts soon. Any suggestions will be greatly appreciated. Thank you for you time..

    Can I leave state and relocate with my son to another state prior to any court custody orders? We have not even filed with any court yet.

    My wife left me for a known druggie who was recently released from prison and is on probation in SC. My wife is pregnant with his baby. We have a 7 yr old daughter in which is not my biological child but I have signed her birth certificate. I relocated to Missouri. My daughter is living in a drug house. Neither of us have contacted an Attorney to be legally separated or divorced. Can I leave Missouri drive to SC and bring my daughter across state lines to Missouri from SC without it being a crime.

    Larry, from experience, there are a couple of things that you can do. One, contact local law enforcement where your wife and child reside and ask them to do a well child check. Let them know that the child is residing with her mother and a known “druggie” and that you are concerned for her safety. If they find that the child’s safety or well being are in any way compromised, the child will be removed and at that point you can get her with no questions asked. You will need to request custody after getting her, but don’t do this unless you are dead sure of the situation with your wife and her living arrangements. Second way, you need to contact an attorney where you are located. The child is legally yours, however, if I am understanding you correctly, you relocated to Missouri from SC?
    If you decide to just go get her and take her back to Missouri with you, be prepared to show cause, meaning, be prepared to show that the child has been neglected, endangered, mistreated or abused. I went through a similar situation with my sister and her kids. I hope this helps and wish you the best of luck!

    I am in the process of getting full costody of my son. I live in NY state the father of my son and myself were never married so neither of us have rights as of right now. I plan on moving to California in the near future but I am unsure of how to go about this process or what rights I have. I left my son’s father becase he was physically and verbally abusive to me for 5 years and he had started yelling at our son who is onlying 6 months old in need any advice I can get


    I have sole physical and joint legal custody of our 8yr old son. My ex moved out of Arizona to Pennsylvania without telling our son she was leaving or saying goodbye. Now she is paying for the round trip ticket for him to visit this summer. I am a nervous wreck about sending him across state lines and the things she might pull. I don’t know what to do .

    I moved from NY while I was preganant, I was visiting my mother in NY and had my daughter then left to go back home to PA. Now my ex (not proven to be the father) is taking me to NY courts and my daughter has never lived in there. Can he do this? Legally PA is her home state he would have to file in PA?

    There will be a dna test. Plus wherever she has lived for at least 6 months will be her home state and that is where the custody hearing will be, if he is proven to be her dad.

    This situation involves a friend of mine and my husbands. Our friend got married in California with the plan that both of them would move to North Carolina. They made the move with her 7 year old son. The new wife immediately became pregnant and after about 4 or 5 months moved her son and herself back to California. She wanted to be near her mother and simply hated not being in city. The long distance relationship has deteriorated to where it has no chance of success. Mother and father are completely opposed about where to live. They married with the understanding that she would move to NC to become a family. The mother made NC her legal residence, is insured here and has an NC license. He is clearly the more fit parent and there is much to back that up. She did kidnap her first child and leave the country so as not to share custody, forging paperwork and passport in the process. He intends to be in California for the birth but is interested if he has the right to remove the child to NC shortly after the birth, She does not intend to breast feed so that is not an issue. Tough one, huh? Anyone have suggestions?

    Hi my name is Shenna and I live in SC ,if I wanted to leave that state to go back home to MD with my kids can there dad charge me with kidnapping? We are not married but been together 8 years .I want out and take my kids with me ,can I do that? They was born in MD.And can I file for child support once I get there?8 years Together and 2 daughters and he treats me like dirt,I know he don’t love me but keeps the relationship cause he does not want to pay child support ,I think that’s why he moved us to SC cause the laws are different and I have no family here or support. I really need help ASAP .Heeeeeeellllllllllpppppppp.Me and my daughters deserve better and this situation with me and their dad does not make their life good or easy

    Hi my name is Shenna and I live in SC ,if I wanted to leave that state to go back home to MD with my kids can there dad charge me with kidnapping? We are not married but been together 8 years .I want out and take my kids with me ,can I do that? They was born in MD.And can I file for child support once I get there?8 years Together and 2 daughters and he treats me like dirt,I know he don’t love me but keeps the relationship cause he does not want to pay child support ,I think that’s why he moved us to SC cause the laws are different and I have no family here or support. I really need help ASAP .Heeeeeeellllllllllpppppppp

    My son, 14, is living with his mom and her hhusband. I’ve moved to il. 2 years ago. Hardest thing I’ve ever ddone my gets to come up here for the summers. 2 months a year. He doesn’t want to be there, he wants to be here with me. They don’t treat him well. Constant arguments and yelling. They don’t listen to him when he speaks, they constantly talk over him, interrupt him or just tell him to go away. What can we do?

    Can this decision be overturned in Maryland’s court. My son was born in the state of Maryland.

    My son’s mother moved to Texas 2 1/2 years ago with my son against my wishes. My son was being residing with me since May of 2015. His mother petition Texas courts for custody. March 28, 2016 she was awarded joint primarily custody of our son. Texas stated he was a resident of Texas because he enter their land.

    I also have a joint custody and visitation petition against my daughter mother. I been in my daughter life there entire life and always supported them, now she want to take them to Florida to live chasing her mom and brother since they could by a large house with the child support.I am not taking a lawyer to the first court day. I can afford attorney but I will like to know what’s going on before I hire the lawyer. Am I making a mistake by not taking one?

    I have custody of my 4 and 7 year old in NM my ex wife lives in CO and wants custody of them. What do I need to do to prepare my self for the situation. I have had them for 3 years now

    Single father and My daughter is turning 7 months I have full custody mother never came to court in nj so I was awarded and mother lives in pa but now says she’s going to file in pa for visitation/custody. Can she do that? And how would it go since she has barely seen her since our child was born

    My sister of 24 wants to take her boyfriend’s child of 10 down to North Carolina from Ohio with the father’s consent. Is there any documentation she needs to prepare other than a written consent form from both the mother and the father? Does she need become the child’s medical POA?

    I’m a 29 yo female. I lived in NJ. I met a guy on the Internet, we fell in love. I moved to his hometown, state of MO 2 years later. It’s been 5 years living with him. I became pregnant, things. Relationship went down hill from there and it’s beyond help. I have a beautiful 10 mo old boy. He told me he wants us out. So I’m moving back to NJ with my family. Can I get in trouble? He knows where I’m going, I told him. Please advise. I would appreciate it greatly.

    I have a custody order for a immediate return of my child. the other parent has taken her to another state and will not make arrangements for me to get her. I filed a missing child case when she first removed her from Illinois and took her to Michigan. the court order her to return her and she not compiling with the order. what should I do?

    With no custody order but an open custody case can I go get my son from his father in Mississippi and bring him back to Kentucky without being arrested for kidnapping ?

    Hello…i live with my boyfriend and son in Ft Myers (Lee Cty) Florida, and my boyfriend has another daughter (14 yrs) from a previous relationship, my question is regarding child support. I want to know if we get married my income can be calculated and considered in that child support (currently i don;t work but im looking for a job). The child lives in North Carolina. Also, the child support determined should be under NC law, correct?

    I have a 12 year old granddaughter that lived with her father in Puerto Rico for the past 7 years. Recently she came to California to visit her mother. She refused to get back on the plane wishing to stay with her mother and attend school in the States. As a commonwealth what can Puerto Rico do? Attorney’s keep sending letters over e-mail with threatening verbage. This even included a court date, but once again only over e-mail, nothing has been served. What can the father legally do to get his daughter back to Puerto Rico, especially when she does not want to go? At what point does the mother need to get concerned that legal action needs to be taken by her part? FYI, mother and daughter are moving to New Orleans in November.

    i am a mom,30, who moved across state lines. my x,52, resides in pa and I in nj. pa has jurisdiction because of the initial custody order. my x kicked me out of his home prior to filing custody papers about a year and a half ago. when we appeared, we mutually agreed on him maintaining primary physical custody due to my homelessness; under the statue that I share legal custody, am entitled to partial physical custody at mutually convenient dates and time as we may agree, and there is no support order in effect. also stated is that holidays take precedence over other periods of partial physical custody or visitation and that I am to provide all transportation to maintain the schedule of recommended contact. since court, I moved to back to nj and established myself. I have tried to remain in contact with my now 4 3/4 yr old daughter on a regular basis through the phone. I have wired him 50$ on many occasion for him to help her as well as have bought a few phone cards. he has refused to let me have my daughter out of his sight since weve been to court and has only let me visit her twice since my move back to nj almost a year ago. he will deny me contact with her due to her misbehavior or his unwillingness to entertain my phone contact parenting time. he believes he has sole say in how I spend my parenting time with our daughter, as well as when and where, refusing to let me visit with her without his supervision or letting me keep her for an overnight. I have involved children and youth services recently due to the concern of his drinking around our daughter, and his choice of babysitters/company. I am also requesting a more detailed parenting time arrangement. I ultimately seek primary physical custody, but am aware that pa will not willingly let her move across state lines, which has made this an uphill battle. how can I prove to the courts that it is ultimately in the best interest of the child to reside with me, instead of with him, without defaming him? we were never married and his actual paternity is questionable, a scenario not unknown to him, but he signed and acknowledgement of paternity after the death of the other possible father. can a dna test help me in any way? I don’t wish to discontinue the relationship with the man my daughter has known as her father, but I want what’s best for her. I eagerly await your response. thank you for your time.

    I live in Texas for the pas 9 years , I have with my ex boyfriend 2 lil boys a 5 year old and a one year old he lives in new Mexico , we never got married but we where together for 6 years I’m guessing that’s comments law , he doesn’t help out with the boys n he also doesn’t pay child support, I want to move to Colorado cuz over there I have a better place for my kids to live and a better job, can I move befor e he does any child coustody would I get in trouble if I just move with them , I know he has rights but I’m the one supporting them , can I just move

    Hi there my name is gricel alonso n I have A couple of questions , right now I don’t have money for a lawyer I just need a lil help , I would appreciate it so much

    In the state of Oregon… If a father wants to leave and move to another state and take his son with him is it kidnapping. The father mother are not married and no legal papers are pending no custody has been determined. Is he free to move with child and then establish papers.?

    I will admit that my situation is not as bad off as many here. I split up with my ex some time ago and together we have a beautiful daughter. we try our best to work things out between one another like adults, sometimes it works, others it doesn’t. A recent discussion with her has, however, shown me that it may be best for me to seek legal protection.

    Here’s the situation, I moved to a different state so that I could lay down the groundwork towards a better life for all of us. Our relationship ended up not working out and now disputes are arising as to the amount of visitation and whom to cover travel expenses. All I want is what’s fair to all of us. I have a bunch of different scenarios in mind but the one I’m toying with the most is dual custody splitting a year or two between the two of us where she gets our daughter for a year or two and then I get our daughter for a year or two. What is the possibility of pulling this off?

    How best to proceed?
    I am the father of a soon to be 5 year old who lives in Michigan. I live in Pennsylvania. My daughter’s mother makes absolutely no effort to keep me in the life of my daughter. She refuses to send pictures (after saying that she will), makes no effort to keep my daughter in contact with me (phone, skype, etc), nor will even allow the idea of bringing my daughter to see me in PA. Also, I pay my child support bi-weekly, and have no arrears.

    Basically it has come down to the fact of if I’m not the one putting in all the effort, I get nothing (except a substantial deduction from my paychecks.)

    I would like to know what kind of action I can take to make this arrangement more fair between her and I so that I don’t have to put in *ALL* the effort, time and money required to be part of my daughter’s life.

    Please respond to:

    Unsure how to begin
    I live in Ohio with my 20 month old son, my 2.5 month old daughter, and their father. We are unmarried. There are no current custody orders. I am planning to leave him and I will need to stay with my mother in California. I plan to bring the children with me. How should I proceed? If I leave him and take the children with me, will I be charged with kidnapping? If I do move to california and bring my children, should I file custody paperwork in california or ohio? My hope is that he would follow us to california and work out a visitation schedule with me.

    I want My Daughters
    My daughters live in Ga. Post divorce I moved to NC and remarried and now have 2 boys. My ex says I can only get my daughter 2 weeks in the summer, holidays every other year because per the decree I can get them every other weekend. And I never get to file them on my taxes. What can I do to even this playing field?
    Please respond to:

    I want my daughters
    My daughters live in Ga. Post divorce I moved to NC and remarried and now have 2 boys. My ex says I can only get my daughter 2 weeks in the summer, holidays every other year because per the decree I can get them every other weekend. And I never get to file them on my taxes. What can I do to even this playing field

    I am a divorced father with sole custody of my two daughters gained at the request of my ex wife. I would like to relocate to Florida and retain the same custody agreement. Will there be any problems in doing so? My ex hasn’t seen the children in more than two years or called to check on them in more than a year.
    Please respond to:

    going across state lines.
    Can my husband take my son across state lines from north carolina if we have no custody agreement?

    My ex will not let my kids visit
    I have moved to Florida and my kids live with their mother in Missouri. She will not let the kids come visit me for many ridiculous reasons all because she and I do not get long. How can I enforce my custody? She has sole physical and we have joint legal (not that that matters at all to her).

    worried other half
    My boy friends 4children have temp custody with there aunt in law there mom was recently incarcerated and have long term time facing her he had a court date in fl and they advised him to get a aprtment and they will give him a background check to see if heds able to have his children live w him in wi .we spoke to Dcf and child welfare here in wi and fl but they are very vague w what he needs to do but he has a aprt and a good paying job also I will b also wanting to help but the workers at dcf told him if I live there if I have any kind of criminal record they will completely deny him his custody and placement of his children. I really need advice so we can do the right thing.
    Thank u

    My brother and his girlfriend had a baby that is 2.5 yrs old now. The child was born in Indiana and my brother lives in Ohio. My brother does not have any parental right over the child and is not able to see him as much as he would like to. He wants to obtain his parental rights because he has many problems with his son’s mother. What is the first step that he should take to get parental rights that will allow him to see his son? Also my brother’s name does not appear on his son’s birth certificate

    what is the best route to take? and whats the best direction to start this journey?
    Hi, Im Nick from I-Falls MN, My 5 year old daughter currently lives in Baycity TX and I live in Minnesota. I currently have no rights established for my daughter. A year ago i was in the process of starting to establish them when my daughter also lived in minnesota, but behind my back my baby’s mom decided to move to texas and inform me the day before. well to make a long story short without all the drama, i want to try get atleast some % custody of my daughter. now with me living in a diffrent state, what is the best way to start this?

    my son is 3 with cancer.
    I am John C. Shelton J.r , a 22 year old father of a beautiful 3 year old little boy whom was diognosed with rhabdomyosarcoma in may of 2011 he was born august 17th 2008. he weighd 8 pounds 6 ounces. My ex-fiance and i have been split up for almost 2 years and she still fights with me constantly. The only reason she has full custody of our son (preston dakota redman) is because on august 17th 2008 i was informed i was not able to put my name on the birth cirtificate given prior circumstances with a husband she had previously but still legally binded too. She was married at 16 and never got the divorce.But to current times im living in daphne alabama and still am i yet to hear from the dna test place to make the first step towards getting any rights over my son. she hasnt spoken a word to me in over a month and when she does she speaks down to me and argues and fights. im not here to fight a war with her im here cause i care i am a young father who isnt going to leave there son to be a bastard. im a loving nurturing inspiring musician with a calm safe lifestyle and a heart of gold. im not perfect but who is. all i wasnt is to be poppa again. if you can help me please call me at 251 391 6479 or add me at

    thank you,
    john crawford shelton j.r

    State Line Issues
    Generally speaking, children become the jurisdiction of the state in which they reside given that they have met the residency requirements for that particular state. Depending upon how your agreement was written out and the facts of your specific case, you may have the ability to request the original state, Florida, take the jurisdiction by requesting the Virginia courts to relinquish their control over the case.

    It may beneficial for you to consult first with an attorney in Florida to see what grounds you may have, and then consult with an attorney in Virginia to get their guidance.

    Sharing Custody Across State Lines
    I have two children under the age of three. During my deployment in 2010, the mother of my children moved from Virginia to Florida without my consent. Now, a year later, she is refusing to allow me visitation. Do I petition the Virginia Courts or Florida Courts for joint custody and what is the likely-hood joint custody will be granted due to us living across state lines?

    Prevent Wife From Moving
    Almost every state is different in how it approaches parents who relocate with or without the children to a different state during the pendency of a dissolution of marriage. Generally speaking, unless there is an order from the Court or something else that would prevent relocation, then a party is free to move or relocate to where they want to.

    I usually advise my client that if they are fearful their spouse will move with the children or take them to another state without returning them, then they need to seek protection from the Court to attempt to prevent this from happening. Relocation is an issue that I believe is easier to deal with before it happens and not after it happens.

    You should seek the counsel of an attorney who is licensed in your state to get specific advice as to what your rights are and to protect your rights in this case.

    However, if there is an existing cause of action, judgment, or decree of record pertaining to the children’s residence or time-sharing and a parent removes the child without the written consent of the other parent or order of the court, then the other parent can file a motion for contempt and for the immediate return of the children to the jurisdiction to prevent a permanent relocation.

    To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell:

    Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

    Child custody
    My wife and I had a son here in NY state 18 months ago. We are going through some rough times and will probably not continue to stay together. I feel that if this happens, she is going to try to take our son and move to florida to live with her mother. Please tell me if she will legally get away with taking him from me and to another state. Thank you.

    If your son was born there and you are established by the courts that you are the legal father of the child, she cannot legally leave the state with him without your permission, it can be considered kidnapping. It would have to go to court if court agreements are not already set in place.

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