Understanding Jurisdiction in Family Law Cases

State family courts determine family law cases. If you have moved around or you live in a different state than your ex, you may not know which state court will hear your case. If you have a dispute over child custody, divorce, or other family law issues, you have to determine which family law court has jurisdiction.

You may have a choice of where to take your case. Different states can have different rules for divorce, child custody, and child support.  If you want to know which state has jurisdiction over your family law dispute, talk to an experienced family law lawyer.

What Is Jurisdiction in Family Law?

Jurisdiction refers to the court that has the power to hear and decide your family law case. Personal jurisdiction refers to the court’s power over you or another party. Subject matter jurisdiction means the court has the power to hear your legal issues. For family law matters, the state family court generally has jurisdiction. Family court can determine certain issues, including:

• Divorce cases
• Child custody proceedings
• Child support
• Property division
• Alimony or spousal support
• Domestic violence
• Adoption

How Do Family Law Courts Decide Jurisdiction?

People often live much more mobile lives than in the past. You may move to a new state to go to school, take a new job, find a lower cost of living, move closer to family, or get a fresh start somewhere new. When you move to a new state, you also fall under new state laws. If you have a family law dispute, where you live can determine what family law court has jurisdiction.

Family law court jurisdiction can depend on where the parties live, are physically present, or the location of property or assets. For example, you may be able to file for divorce in different states, depending on your situation. This could include the state where you meet the residency requirement or the state where your spouse lives.

What State Has Jurisdiction in Child Custody Cases?

After a divorce or separation, one or both of the child’s parents may move to another state. This can create legal issues for child custody matters. Generally, only one state should have jurisdiction over child custody. This can avoid conflicts between different state laws about child custody and visitation orders. The Uniform Child Custody Jurisdiction and Enforcement Act can resolve jurisdictional issues.

When a state has issued child custody orders, that state generally keeps jurisdiction to decide custody issues. However, parents may be able to change jurisdiction if:

• The parents and child have left that state
• There are no longer significant connections
• It is an inconvenient forum

What Is the Uniform Child Custody Jurisdiction and Enforcement Act?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides for uniform jurisdiction and enforcement in interstate child custody cases. As of 2022, all states except Massachusetts have adopted the UCCJEA. Massachusetts adopted the earlier version of the UCCJA.

Different states have different laws for child custody and visitation rights. When parents live in different states, the child custody laws can conflict. The UCCJEA is a uniform law that can help determine which home state court will enforce parenting plans for parents in different states. Initial jurisdiction can be based on the following:

• The child’s home state jurisdiction
• The state where there are significant connections
• In a state if there is not a more appropriate forum
• When no other state jurisdiction would apply

The child’s home state is generally where they lived for at least six months before separation. If the child doesn’t have a home state, court jurisdiction may be the state where they have significant connections, including a physical presence, child care, healthcare providers, and family members.

When Do International Family Courts Have Jurisdiction?

If a co-parent lives in another country, international law can play a part in family law cases. International family law can make child custody cases more complex. Different countries have different laws, including for citizens and non-citizens. If your former partner lives in a foreign country, talk to an experienced family law attorney about how to handle child custody disputes.

Where Can You Find a Family Law Attorney for Your Case?

State courts handle most family law cases. Different states have different laws, court rules, and regulations for family law disputes. To get the best information about your legal options in a family law case, you should talk to a local attorney.

A local family law attorney will understand the local family laws and give you legal advice. For example, if you live in California and your ex filed for divorce in Texas family law court, you may have to contact a local attorney in the state where the divorce is filed. Contact a local family law lawyer to understand your legal options and which state will have legal jurisdiction.