State Child Custody

State child custody laws vary somewhat but they all make provision for the welfare of the child to be the primary concern in deciding disputes. In some cases, federal laws govern which state will be able to decide custody issues. This can happen when the parents live in different states and the child has lived in more than one location. Generally, the state where the child has resided for the last 6 months will have jurisdiction. Such rules are intended to remove the incentive for a parent to move a child briefly to another state in order to gain a more favorable custody or support outcome. Only one state at a time can have jurisdiction. The state itself only takes custody of a child in cases of abuse, neglect, or abandonment. Sometimes, the state will grant custody to a third party (usually a grandparent or other close relative). This is generally considered preferable to placing a child in foster care.

Fast Facts

  • 46 states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
  • New Hampshire, Massachusetts, Vermont, and Missouri are still considering the UCCJEA.
  • The UCCJEA is an updated version of an older bill that did not adequately address parental kidnapping.

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