Where can I file for child custody? (Which state has jurisdiction?

Custody jurisdiction is state law. However, most states (if not all) have adopted either the Uniform Child Custody Jurisdiction Act (UCCJA), or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Maryland has adopted the UCCJEA, which we explain here.

Under the UCCJEA, you can only file for custody in the "home state" of the child. The "home state" is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months. In the case of a child less than six months old, the "home state" is the state where the child has lived from birth.

(Temporary absence from the state does not change anything.) If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, the other parent can start a custody action in the state that your children most recently lived in for at least six months. More.

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