Will I Need An Out-Of-State Attorney?

child custody across state linesQuestion:

My wife and I are in the process of getting a divorce and she moved with our kids to her parents’ house in another state. Do I need to get an attorney in the state she is living in at any point in the proceedings?


Please note that I am licensed to practice in Pennsylvania and will answer your question based on my knowledge and experience in Pennsylvania.

With respect to where a custody matter should be litigated, all states have adopted the Uniform Child Custody and Jurisdiction Enforcement Act, which determines the proper jurisdiction in which a custody matter should be brought. Succinctly, custody matters should be brought in the child’s home state, which is where the children have resided in the last six months.

Philadelphia Divorce Attorney Jaimie Collins
Philadelphia Divorce Attorney Jaimie Collins

Your argument for jurisdiction in your state will depend on when your wife moved to there with the children. As there may be a benefit to litigating custody in one state versus the other, you should consult with an attorney(s) barred in both states to discuss the facts of your case further and your arguments regarding jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jaimie Collins, contact Cordell & Cordell.

End of Content Icon

Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

Leave a Reply

Your email address will not be published.