So, I’m dealing with a family law issue and just trying to understand how it all works. Basically, my ex wants to take our kids out of state. I live internationally, and I thought federal court might have jurisdiction because of that, but not sure. Anyone here been through something similar?
Hey, I went through something kinda like this! I’m pretty sure family law stuff usually stays in state court if the kids have been living there a while.
Stevie said:
Hey, I went through something kinda like this! I’m pretty sure family law stuff usually stays in state court if the kids have been living there a while.
Oh really? I thought maybe federal court could step in since I’m not a resident here.
Stevie said:
Hey, I went through something kinda like this! I’m pretty sure family law stuff usually stays in state court if the kids have been living there a while.
Yeah, I get the confusion! But I think since the kids live in Hawaii, state court handles it under something called UCCJEA or whatever. Basically, the state where they’ve been living handles the case.
I think the UCCJEA covers this stuff—only the state where the kids have lived can handle it, even if one parent’s not a resident there.
Ellis said:
I think the UCCJEA covers this stuff—only the state where the kids have lived can handle it, even if one parent’s not a resident there.
Got it! But, what if there’s an issue with trying to serve someone internationally? Would that still be a state thing?
Ellis said:
I think the UCCJEA covers this stuff—only the state where the kids have lived can handle it, even if one parent’s not a resident there.
Yep, it would still be the state court handling it. They’d have to use international service, but it doesn’t make it a federal case.
Federal court usually only deals with specific cases. State court is where family law goes, especially with that whole ‘home state’ rule for the kids.
Thyme said:
Federal court usually only deals with specific cases. State court is where family law goes, especially with that whole ‘home state’ rule for the kids.
Thanks, that’s helpful! I think I get it now with the ‘home state’ rule.
Thyme said:
Federal court usually only deals with specific cases. State court is where family law goes, especially with that whole ‘home state’ rule for the kids.
No problem! Yeah, it’s called the ‘home state’ rule under UCCJEA, and it keeps cases where the kids are actually living.
I read somewhere that unless it’s something like abandonment or abuse, state court handles it where the kids live.
Terryanne said:
I read somewhere that unless it’s something like abandonment or abuse, state court handles it where the kids live.
Interesting, so only emergency cases could bypass state court? Makes sense though.
Terryanne said:
I read somewhere that unless it’s something like abandonment or abuse, state court handles it where the kids live.
Yep, that’s the gist! They want to keep things close to where the kids are so it’s easier to handle evidence and stuff.
One option is to file a custody petition in Hawaii since the kids live there. That way, the court can set rules about taking them out of state.
Zya said:
One option is to file a custody petition in Hawaii since the kids live there. That way, the court can set rules about taking them out of state.
Good point. I probably need to do that sooner rather than later. Thanks!
Zya said:
One option is to file a custody petition in Hawaii since the kids live there. That way, the court can set rules about taking them out of state.
No problem! Definitely file if you’re worried your ex might try to move them without an agreement.