Cincinnati Family Law & Divorce Blog: Where is Custody Determined if My Child Lives In Another State?

In custody determinations, there is often a question of which state has the power to make decisions for a child, or in legal terms, “has jurisdiction”. The issue presents itself when parents live in two different states, or both parents leave the state where an original custody decision was made.   In an initial custody determination between parents the court that has jurisdiction over the child is the court in the child's home state. Home state is defined in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) as “the state in which the child has lived with a parent for at least six consecutive months immediately before the commencement of the child-custody proceeding.” It can also mean the state where the child lived in the 6 months prior to commencement of the action even if the child is no longer living in the state.   For example, if a mother lived with her...