Full question:
My son has been physically, and emotionally abused, also neglected by his mother and new stepfather. My son is with me for spring break, he is 9 yrs old. His mother and I have joint custody with her being the primary. This abuse and neglect happened in White County, Arkansas. I have an E.P.O. against the stepfather but not the mother. Is there a loop hole around state jurisdictions in this case? My son is terrified of returning to Arkansas.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Kentucky
Answer:
The state that first issued a custody order keeps "continuing exclusive jurisdiction" as long as one parent lives there or both parents agree to change jurisdiction. A different state can modify the custody order only if the original state no longer has jurisdiction or has declined to modify it.
When considering a change of venue, a judge will look at:
- Where the child currently lives and how long they have lived there
- Where each parent lives
- The financial situations of those involved
- The nature and location of evidence needed (including child testimony)
- Any other relevant factors
If no state has made a valid custody determination, the Uniform Child Custody Jurisdiction and Enforcement Act applies. A court can hear a custody case if it is the child's "home state" or was the home state within six months of the legal action, provided at least one parent still lives there.
In modification cases, the law of the state with "continuing exclusive jurisdiction" governs custody matters. For enforcement, the law of the state enforcing the order applies.
The Uniform Interstate Family Support Act allows states to initiate support actions. A custodial parent files a petition in their local court, which is then forwarded to the state where the non-custodial parent lives. This act can establish, enforce, or assist in locating a parent for support obligations.
A motion to modify custody can be filed when there is a significant change in circumstances. If a parent denies court-ordered visitation, they can be found in contempt of court. A petition can also be filed for a change of custody if a significant change in circumstances is proven to be in the child's best interests.
A show cause order directs a person to appear and explain why the requested remedies should not be enforced. If the defending party does not respond, an automatic order of contempt may be issued. The five elements required for civil contempt include:
- Jurisdiction in the tribunal holding the hearing
- A valid support order
- Knowledge of the order by the noncustodial parent
- Ability of the noncustodial parent to comply
- Willful noncompliance by the noncustodial parent
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.