Can a court issue a custody order in a different state?

The court that issues the initial custody order typically retains jurisdiction over any custody matters that may arise in the future, provided that either parent or children still live in that state. Therefore, you should try to file your initial paperwork in the state that is the most convenient for you.

Can a court decide where a child lives?

No. There are jurisdiction rules that say which court can decide a case. One rule involves where the child lives. There is also a rule about what happens if a court has already made a decision about custody or visitation. Why is it important where my child lives? You must file for custody or visitation in the “ home state ” of your child.

Can a court order a person to move?

In certain instances, the court may also require a party to file a Petition to Modify Custody to accompany a request to relocate or an objection to a proposed relocation.

Can a child live in a different state?

The answer is Maryland because even though your son currently lives in Virginia, up until one (1) month ago he lived in Maryland. Since Maryland is the home state, that means that Maryland has the right to decide custody and you can file for custody, visitation, and child support with the Maryland courts.

Do you have to appear in court if you live out of State?

Schedule travel arrangements to appear in court as stated in the summons letter. You must appear in court whether or not you live in the state, unless the judge allows you to appear by phone. You put yourself in jeopardy of losing the case automatically if you do not appear.

Do you need a court order to move out of State?

You should also closely look at your existing custody and visitation court order and make sure that there are no restrictions on you leaving the state or your country with the children. If there are limits on whether you can take your children outside of your country or state, you usually need a court order giving you special permission to travel.

Can a small claims court hear a case in another state?

The basic rule is that state courts–including small claims courts–only have the power to hear cases involving individuals who live in or are present in the state. Lawyers call this jurisdiction. If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live.