When you need to file a child custody case, the state where you file matters. Child custody jurisdiction determines which court has the authority to hear your case, and it is often based on where your child has been living.
Understanding that rule can help you avoid filing in the wrong place and move forward with greater clarity.
How Home State Jurisdiction Works
All 50 states follow a rule known as home state jurisdiction. In general, a child’s home state is the state where the child has lived for the six months before a custody lawsuit is filed.
If a child has lived in Michigan all of their life, Michigan is generally the place to file the child custody case. If a child lived in Michigan for 10 years but moved to North Carolina seven months ago, North Carolina is generally the place to file.
Why the Six-Month Rule Matters
The six-month period is an important part of determining whether North Carolina is the right place to file a child custody lawsuit. It helps courts identify the state with the closest connection to the child’s life.
Every situation is different, and the facts surrounding a move can matter. Before filing, it is important to understand whether North Carolina has home state jurisdiction over your case.
Temporary Emergency Jurisdiction in Serious Situations
There is a limited exception for an emergency. As explained in the video, an emergency involves severe abuse or mistreatment of a child, or abandonment of a child.
In those situations, a court that does not otherwise have home state jurisdiction may take temporary emergency jurisdiction to protect the child.
Get Clear Guidance Before You File
Child custody jurisdiction can be confusing, especially when a family has recently moved. An experienced North Carolina family law attorney can help you understand whether you are filing in the right place and determine the best path forward.
Watch the video below as McKnight Law explains child custody jurisdiction and where to file a child custody lawsuit.
