DIVORCE 911 consulted with Patty Shewmaker of Shewmaker & Shewmaker for this blog post. We also have a video covering this topic.
Child custody is a very complicated and hot topic. Jurisdiction and child custody create a lot of contention. It’s topic that can’t be covered in a single blog but we’re going to hit the high points at the very least in this post. Jurisdiction is just a big fancy word for whether or not the court has the authority to hear a particular matter. In this case with the jurisdiction of child custody matters, it’s controlled by a law called the “Uniform Child Custody Jurisdiction Enforcement Act”. What that says is that “the state that has jurisdiction for child custody matters is the state that the child has lived in for the last 6 months”. It’s what we call “the home state” of the child. This determines jurisdiction for initial child custody determinations.
What makes this interesting and tricky is that jurisdiction for child custody may not be the same as the jurisdiction for divorce. An example of this would be as follows: In Georgia for a divorce someone has to live here for 6 months. Typically, it’s the plaintiff sometimes it’s the defendant. In this situation, the father has lived in Georgia for 6 months. However, his wife and minor child had been living in Nevada. This caused Georgia to have jurisdiction for divorce. It did not allow for Georgia to have jurisdiction over child custody because Georgia is not the home state of the child.
So it can be tricky when we start talking about jurisdiction with child custody and how that interplays with divorce and other matters. It is highly suggested to seek legal guidance when facing a situation involving child custody. Deciding on the best place to deal with child custody issues can have many factors. It’s an issue that has many layers with many decisions to be made when trying to resolve all of the different problems. Reaching out a to a professional is the best way to make this happen.
This information is deemed to be accurate. Reader / User is required to perform their own due diligence with the appropriate professionals. DIVORCE 911 is not a law firm, financial institution or advisor, registered mental health resource, does not practice law, and does not offer legal, financial, or therapeutic advice.