My ex-wife and I live in different states. Which state will make decisions about custody of our child?

When child custody issues arise between two states, the main issue is which state has jurisdiction. To establish jurisdiction, custody issues are divided into three types: emergency, modification and initial cases. A "home state" is the state in which a child lived with a parent for at least six consecutive months prior to the custody proceeding. In the case of an infant child less than six months old, the home state is where the child has lived with a parent since birth. The home state is only relevant in an initial case and has little importance in issues of emergency or modification.

Emergency

A state is given jurisdiction in an emergency case where a child has been abandoned in that particular state and it is necessary for the court to protect the child from threatened or actual mistreatment or abuse. An emergency custody agreement will be entered and will remain in effect until an order is obtained from a court in the state with actual jurisdiction over the child. 

Modification

If a child custody agreement is already in place and has been in place for a period of time, another state may modify the custody order if the second determines that the child and parents do not actually reside in the state of the original agreement. Before another state may modify a custody order, the original state court must relinquish its jurisdiction. 

Other Issues

Other issues may arise in a multi-state custody case. For example, you should make sure that your agreement allows you to take your child across state lines. If this issue is not addressed in the agreement, a parent may be charged with kidnapping. The agreement should also address legal custody which allows one or both parents to have legal authority to make major decisions regarding the child(ren).

It is prudent to have a skilled attorney to advocate for you regarding child custody issues, especially in this case where custody is between two states. Talk with an experienced attorney about what your rights are in a multi-state custody.