Which state should I seek custody in and why? 6 Answers as of June 05, 2015

My children live with their mother in one state. I have lived in another for the last 4 years, after we divorced. My children come and visit me in the fall for 4 weeks before their year round school year begins again. The children are horrified of their step-father and do not want to go back their mother. I would much rather have the children and know they would be safer with me. How can I be given custody and where would I have to pursue this?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The Uniform Child Custody Jurisdiction Act mandates that the children's home state is considered the location where they primarily reside for at least six months. The factual description suggest that the children primarily reside with her mother in that state. Please meet with an experienced family law attorney in that jurisdiction to determine your best options.
Answer Applies to: California
Replied: 6/5/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Mom's State is the apparent home State of the children. I am not licensed to practice law by that State. THE END.
Answer Applies to: California
Replied: 6/4/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First things first: consult an experienced family law attorney. Generally the proper forum is the state where the children have lived for the past six monthsalthough there are exception and details which you lawyer can go into.
Answer Applies to: Wisconsin
Replied: 6/4/2015
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
Most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. Because of that, the state that entered your Divorce Decree would have continuing jurisdiction unless the children have lived in another state for more than 6 months and none of the parents still reside in the state that issued the initial custody determination. If you are looking to take the kids out of the state of Nebraska, there would be additional hurdles required to prove the Farnsworth factors per case law on removal of children as part of a modification. You really need to visit with an attorney confidentially about your specific facts to determine your best course of action.
Answer Applies to: Nebraska
Replied: 6/4/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
If one of the parties still lives in the state of the divorce that is the state it must be done in.
Answer Applies to: Wisconsin
Replied: 6/4/2015
    Diane l. Berger | Diane L. Berger
    There are exceptions but generally you would need to file where the children reside.
    Answer Applies to: Nebraska
    Replied: 6/4/2015
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