AboutJames Robinson Expertise I was a family law attorney for 25+ years. I have been divorced twice myself. One was friendly. The other wasn`t. Let me know how I can help.
Experience I have been divorced twice myself. One was friendly. The other wasn't. I was a family law attorney for 25+ years.
Question Uniform Child Custody Jurisdiction Act in the United States.
The state where a child has lived in for at least six moths prior to birth or if the child is less than six months old. If the child has lived for less than six moths in any state (child has lived abroad) any state with significant connections" with the child may assume legal jurisdiction.
So if your child is born in Michigan and you move to New York, than you have six month to move back to Michigan, before the courts in New York have legal jurisdiction child custody. So if you don’t want to live in New York until you child is 18 years old than you should move back to Michigan before than. If you have a child outside the marriage, than you can move free as you wish along as the father never went to court to get joint custody or visitation rights. So if you move to another state than the father has up to six moths to get the child back.
So you may want to ask the judge permission to move. Judges in many cases will grand that to you that but not in all cases. In many cases you have to make a deal with the father that will guarantee visitation rights with out having to go to court, and that he does not have to pay child support.
You should not ask for child support, because fathers in many cases want to make your live miserable if they have to pay child support and will prevent you from moving to other states for this reason alone.
Answer You are confusing jurisdiction with substantive custodial rights. The UCCJA is only intended to help people who file custody litigation in competing jurisdictions. Usually the state where the child is living is the state which has jurisdiction. Whether you ask for child support is up to you. I would never advise anyone not to ask for support because it might upset the father. That is fear tactics by the father.
