If you and your child live in different states, where you file for custody depends on your circumstances. If there is no prior custody order, the case will generally be filed in the child’s “home state,” which is usually where the child has lived with a parent for at least six months.

If there is already a custody order, the rules can be different. Generally, the state that issued the order may continue to have jurisdiction if at least one parent still lives there. If neither parent lives there, jurisdiction may shift depending on where the child and parents now live. Interstate custody cases can be complicated, so if your child lives in or previously lived in Orange County or Sullivan County, New York, speaking with an experienced family law attorney before filing can help you determine which court has jurisdiction.

Need help with an interstate custody matter? Contact Evan D. Zucker, Esq. to discuss your situation and determine where your case should be filed.