Jurisdiction of Custody and Visitation Cases

Jurisdiction refers to the court's authority to decide on the child's care and custody. Jurisdiction is an essential aspect of child custody and visitation cases.

Learn about the jurisdiction of custody and visitation cases below. You can also find out how changing the family court may be possible.

Jurisdiction of Child Custody Cases

In determining jurisdiction, courts consider several factors. They might look at the child's connection to a particular state, their personal relationships, and where their parents live or have a physical presence. The court may also consider if the forum is inconvenient for a party and if it is an unjust filing or emergency filing.

In addition to these factors, the court will also consider the subject matter of the case. They might look at the spousal relationship between the parents and the best interests of the child. Ultimately, the court must have jurisdiction to make orders regarding custody and visitation.

Why Does the Jurisdiction for Child Custody Matter?

The venue of your case can affect a few aspects, including:

• The time that you, the lawyers, and any third parties will spend traveling to the courtroom
• Travel costs, especially if you might have to travel out of state
• Which state’s laws will apply to your child custody case
• The judge’s qualification to make a decision, such as when avoiding a conflict of interest
• Court fees and procedures

If the original family court would create a problem preventing a fair process, another court may be more appropriate. However, transferring your case or child custody order to a new court can be complicated.

Jurisdiction for Parties Residing in the Same State

State custody laws will govern the custody and visitation determinations when all parties reside in the same state. When a divorce is pending, a court hearing is the appropriate venue for making custody or visitation decisions during the divorce proceedings. Some states require the filing of visitation petitions.

Family courts normally handle divorce, child support, and child custody cases. Generally, these are organized into state family courts, a division of the local court (district, circuit, superior, etc.). Family court proceedings usually follow the same procedures as civil courts. Each side can present substantial evidence. However, family court cases are almost always decided by a judge rather than a jury.

While the custody forms you file with the court can be similar nationwide, each state has specific forms. Generally, however, all states make child custody determinations similarly. In child custody proceedings, most courts across the nation prioritize the best interests of the child. Courts use this standard to determine the custody of the child and to reach a final court order.

Jurisdiction for Parties Residing in Different States

The Uniform Child Custody Jurisdiction and Act (UCCJA) governed jurisdiction issues in custody and visitation cases. The UCCJA established that a child's home state is where the child has lived for at least six consecutive months preceding the custody case.

The UCCJA also established temporary emergency jurisdiction. This may be granted if the child is in danger due to unjustifiable conduct or has been abandoned. In these cases, the court may grant temporary orders for physical custody, legal custody, or visitation.

The UCCJA was replaced by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in 1997. Each state has adopted it except Massachusetts. The Uniform Child Custody Jurisdiction and Enforcement Act helps determine which state has personal jurisdiction. The UCCJEA also decides who would have continuing jurisdiction if the parents want to modify the custody arrangement or parenting time. The UCCJEA is highly technical and must be strictly followed.

Courts have the power to hear custody cases if they are in a child's “home state." The home state of the child, or the home state jurisdiction, is where the child lived for six consecutive months since the initiation of the legal action. However, temporary absence is usually okay. At least one parent must continue to reside in the state. If you don't bring the action in the child's home state, you might risk dismissal of your case due to an inconvenient forum.

How To Challenge Jurisdiction in Family Court

You may challenge the jurisdiction in some cases. If successful, the child custody case will move to a different court.

You’ll need a valid reason to change the court. For example, if one parent has been a victim of domestic violence, they may argue for a more appropriate forum for the child's safety. Similarly, a person acting as the child's primary caregiver, like a grandparent, might move to a different state. That state may be a more convenient forum for the custody case.

To request a change of venue, find the correct form through your current family court. You or your attorney can complete and submit the form according to the court’s instructions. You may also need to file with the new court and notify the other party within a time limit. Your lawyer can advise you about the specific requirements for your situation.

The court typically schedules a hearing to decide whether to accept or reject the request. At the hearing, the other party may raise arguments against the change. The judge ultimately decides which court is more suitable for the child custody case.

Get Legal Advice for the Child Custody Court Process

Figuring out child custody issues isn't easy. This is especially true if you and your ex live in different states. In these cases, you must determine the jurisdiction of custody. A family law attorney can help you with the entire process of getting a final custody order.

To get help, speak with a child custody attorney today. A lawyer familiar with UCCJEA can apply the law to your child custody matters. They can help advise you during the custody dispute by providing valuable legal advice on your parental rights. Attorneys offer knowledge about the family code of your state. They will even help represent you in state court to get custody of a child.