Family Law & Divorce · Haute Lawyer Network
What Are the Rules for Interstate Child Custody?
Last reviewed: June 2026
When parents live in different states — or when one parent relocates after a custody order is entered — interstate custody issues arise. Which state's courts have jurisdiction to enter or modify a custody order, and which state's law applies, is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted in 49 states.
Under the UCCJEA, the child's home state — the state where the child has lived for the six months immediately preceding the commencement of the proceeding — generally has exclusive jurisdiction to enter an initial custody determination.
Once a state court has entered a custody order, it retains exclusive continuing jurisdiction to modify that order as long as either the child or one parent continues to live in that state. This prevents competing custody orders from multiple states.
Frequently Asked Questions
What if a parent takes a child to another state without permission?
This may constitute parental kidnapping — a crime in most states and federally under the Parental Kidnapping Prevention Act. The UCCJEA requires courts in other states to enforce and not modify the original custody order.
Can I take my child to another state to visit relatives without violating my custody order?
Review your custody order carefully. Many orders specify travel restrictions, notification requirements, or limits on taking the child out of state or country. If uncertain, consult your attorney before traveling.
What happens when parents live in different countries?
International custody disputes are governed by the Hague Convention on the Civil Aspects of International Child Abduction, to which over 100 countries are signatories. The Convention provides a process for returning children who have been wrongfully removed from their country of habitual residence.
Can I relocate with my child after divorce?
Not unilaterally, in most cases. Relocation with a child — particularly if it would significantly affect the other parent's parenting time — typically requires either the other parent's consent or a court order modifying custody and establishing new parenting arrangements.
What is a long-arm statute in child custody?
State laws allowing courts to exercise jurisdiction over a parent who lives in another state, when that parent has certain connections to the forum state — such as having lived there during the marriage or having been personally served with process there.
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