When parents live in different states, figuring out where a child custody case should be filed can quickly become confusing and stressful. For Michigan parents navigating divorce, separation, or establishing child custody, it’s important to understand how jurisdiction is determined in custody disputes—and why it matters.
The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) is the legal standard in 49 states, including Michigan. It provides consistent rules for determining which state has jurisdiction over the children in custody disputes. Only Massachusetts still follows a different standard, making the question of jurisdiction slightly more difficult when that state is involved.
Defining “Jurisdiction”
Jurisdiction refers to a court’s authority to decide a particular case. In custody matters, a court has jurisdiction over children who have a legal and factual connection to the state in which the court is located. When both parents live in the same state with the child, jurisdiction is usually straightforward—the custody matter is handled by the court in that state. However, when parents live in different states, the question of which state has jurisdiction can be complicated. The UCCJEA determines which state’s court will decide the case.
Under the UCCJEA, the child’s “home state” typically has priority in determining custody.
Defining “Home State”
The UCCJEA states that the home state is the state where the child has lived with a parent or guardian for at least six consecutive months before the filing of the custody case. A state does not become the child’s home state if the six-month minimum is reached after filing the custody action but before a hearing. If the child is younger than six months, the home state is the place where the child has lived since birth.
How does the UCCJEA work?
Let’s say, for example, a child has lived with both parents in Michigan for three years. Before either parent files for custody, the father takes the child and moves to Alabama without the mother’s consent. If the mother files for custody in Michigan within six months of the move, Michigan still has jurisdiction as the home state—even though the child is physically absent—because the child has not resided in Alabama for at least six months yet.
If no state qualifies as the home state, then another state may exercise jurisdiction if the child and at least one parent have significant connections to that state. Significant connections may include evidence regarding the child’s care, protection, education, and relationships in that state.
Once a state has established jurisdiction, it governs all custody issues until both parents and the child no longer reside in the state or the original court decides it is no longer a convenient forum and transfers the case to a different state. Jurisdiction does not automatically change when the parties move. A parent’s attorney petitions the original court to relinquish jurisdiction before the new state’s court can take over.
The exception to the six-month rule is cases involving abuse. The UCCJEA allows for the creation of temporary emergency jurisdiction in the state where the child is currently located in emergencies.
Frequently Asked Questions About Custody Jurisdiction
Below are some common questions from parents seeking to understand the UCCJEA and where they should file—or respond to—a custody case.
Q: Can my ex get custody in a different state after a no-visitation order in mine?
A: Until jurisdiction has been legally transferred, the state that issued the original custody order retains exclusive jurisdiction.
Q: I’ve been in a new state for 5 months. Can I file for custody here?
A: Generally, you and the child have to reside in a new state for six months minimum for the court to have jurisdiction over the custody action. Until then, the child’s original state retains jurisdiction.
Q: We divorced in Ohio, but we’ve lived in Michigan for over four years. Where does jurisdiction fall?
A: If the child has been living in Michigan for more than six months and neither parent lives in Ohio anymore, Michigan may take over jurisdiction under the UCCJEA.
Q: Can my current state handle custody even if the divorce happened elsewhere?
A: If the child has lived in your current state for more than six months, it will be considered the home state for custody purposes. You can file for the original state to transfer the case to the child’s current home state.
Q: My children and I live in Illinois. My ex filed for divorce in Michigan. Who handles custody?
A: Illinois has jurisdiction over custody if the children have lived there for at least six months. Michigan can handle the divorce and property issues, but not custody unless both parents agree to handle it in Michigan.
Q: My child was taken to another state against my wishes. Do I have to file there?
A: If your child was taken unlawfully and it’s been less than six months, your home state likely still has jurisdiction, and you can file there.
Q: How do I get custody jurisdiction moved to my state after I relocate?
A: Your attorney can petition the court in the original state to relinquish jurisdiction. A court can only transfer jurisdiction under the UCCJEA rules. If there’s evidence of danger or abuse, your new state can also take emergency jurisdiction.
Q: We both left the state where we divorced. Where should we go to court now?
A: If neither parent lives in the original state, and the children reside in a new state, that state can claim jurisdiction.
Consult with an attorney.
Understanding the UCCJEA is crucial for determining the correct state in which to file your child custody case. In Michigan, courts strictly follow the UCCJEA. If you have recently moved to or from Michigan and are unsure where to file for custody, consult with a Michigan family law attorney to obtain the necessary information.
At The Kronzek Firm, our experienced family law attorneys are here to guide you through every step. We have handled custody and jurisdiction disputes between states, between Michigan counties, and even internationally. Whether you’re in Ingham, Eaton, Jackson, Clinton, or elsewhere in Mid-Michigan, consulting with a highly rated family law attorney can save you time and money. We handle a variety of family law cases, such as:
– Divorce
– Legal separation
– Establishing and modifying child support
– Establishing child custody arrangements and modifications
– Relocation of the custodial parent
– Enforcement of court orders
Contact our Lansing office today at (517) 886-1000 for a consultation. Our phones answer 24/7.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]