How do I get custody of my child if my wife had our baby out of state?
Only a court in the state of which the child is a citizen has jurisdiction to make rulings regarding the child – including custody decisions.
Therefore, in order for you to get a ruling regarding custody of the child, an action must be filed in the state of which the child is a citizen.
Typically, to be considered a citizen of a state, a child must live in that state for at least six months. However, with a child under six months, it is generally presumed that the child is a citizen of the state in which he or she was born. This becomes more likely if the child is still in that state, as appears to be the case here.
Keep in mind this is just a general overview of how courts determine jurisdiction over children. There are various extraneous factors that could impact a particular court’s ability to hear a case, which makes it even more important to speak with a lawyer as soon as possible.
I would recommend consulting with a family law attorney in your state as soon as possible. They will be able to help you sort out your issues and take the appropriate steps to get you parenting time with your child.
Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”