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How do I know which state to file for custody of my kids or child support?

by | Jan 15, 2025 | Firm News

Thankfully, there is the Uniform Child Custody Jurisdiction Act that gives guidelines and applies to every state in the US except Massachusetts. Statutes & Constitution :View Statutes : Online Sunshine,  Essentially, the courts are required to look to see first, if there is an order establishing timesharing of the child in place and if so, where. If there is an order in effect and neither parent nor child live in that state, a modification of that order can be done in the child’s new home state. Home state is defined as the state where the child and a parent have lived for six (6) consecutive months. If there is an order in place, even if the child moves with one parent out of that initiating state, the state that enters the Order has continuing exclusive jurisdiction. There are exceptions to the those rules if an emergency exists. If so, the child has to be present in the state when the action is filed in that state. For example, Joe and Kathy have a daughter, Catie. They were married and divorced in Louisiana. Kathy and Catie moved to Florida. Kathy wants to modify the timesharing schedule. She has to go back to Louisiana to file the petition unless Joe has also moved out of Louisiana. Example 2: Bob and Joan have two boys, Eli and Avery. They were never married. Bob now lives in Minnesota and Joan lives in Florida with both boys and has for at least six months. If either Bob or Joan want to establish timesharing, it must be filed in Florida because Florida is the home state.

Child support is a little different. It is governed by Fla. Stat. Chapt. 88. Statutes & Constitution :View Statutes : Online Sunshine  Child support can be established if Florida has personal jurisdiction over the paying parent. The court will have personal jurisdiction over that parent if the child was conceived in Florida; if the paying parent is served in Florida with a lawsuit seeking to establish child support; if the father filed with the Putative Father Registry; the parent lived with the child in Florida; the paying parent lived in the state and provided financial support for the child; or simply consents to jurisdiction in Florida. UISFA applies to several states, but not to all.