For most divorced parents, living in different cities or states is not common because each has firm roots in proximity to one another. This means that, by and large, any child custody matters are handled by the local court, as the child and both parents have all relevant connections nearby. However, people are more likely to live long-distance today, compared with the past. For parents who share child custody, this separation presents both legal and practical problems. For obvious reasons, courts do not want parents seeking to change custody decisions to petition a particular court because they believe the outcome will be more favorable. Furthermore, if more than one court can issue a decision over the same issue, conflicting orders may emerge and cause more harm than good. This point is particularly important when children are involved, as conflicting orders could force the child to ping-pong between parents, which is likely to harm his/her welfare and development.

An Indiana Court of Appeals recently looked at whether an Indiana trial court should consider to hear a child custody matter over children living in New Jersey, and determined the children’s current home was more appropriately situated to decide the case due to closer connections in the area. Knowing which court can establish, modify, or enforce a child custody decision is critical information for divorced parents, and how this issue is handled when parents live in different places, will follow below.

Jurisdiction Generally

Courts exist to interpret and order enforcement of the law, but they only have authority to hear and decide cases over which they have jurisdiction. Jurisdiction generally requires the court to have authority over the person and the subject matter. Personal jurisdiction means a party to a case has minimum contacts with a place, which is usually satisfied by serving him/her in the state in which the relevant court is located, followed by that party voluntarily appearing before the court. Subject matter jurisdiction is the power of a court to consider a particular claim, such as child custody, and if a court lacks this power under applicable laws, any order it might enter would be invalid and unenforceable.

Deciding Jurisdiction When Parents Live Far Apart

Turning to jurisdiction in child custody matters when parents live in different States, one law almost universally operates to settle this question (only Massachusetts has yet to adopt it): The Uniform Child Custody Jurisdiction Act (UCCJA). This law says that the child’s “Home State” has exclusive and continuing jurisdiction to issue decisions related to child custody matters, though the degree of connection needed varies depending on whether a parent is seeking an initial custody order, a modification, or enforcement. The point of the law is to prevent parents from forum shopping to obtain a favorable outcome, and Indiana courts will only find that they have jurisdiction to establish child custody if the one of the following is true:

• Indiana is the child’s Home State or was the Home State six months prior to the filing of the petition, and the child is gone, but one parent remains here;
• Another State does not have jurisdiction, or declined it in favor of Indiana, and
• Both parents or the child and one parent have significant connection with Indiana beyond physical presence; and
• Substantial evidence of the child’s care, protection, training, and personal relationships are located in this State.

This exclusive jurisdiction continues until the court determines the child and neither parent retain a significant connection with Indiana, and substantial evidence about the child is no longer located here. Modification of a child custody order is limited to those courts that would have the authority to establish child custody, though enforcement is much easier to ensure if the child is located in the state.

Get Legal Advice

Determining which court can hear and decide your child custody case is no small thing. Laws differ among states producing significantly different outcomes. Christopher L. Arrington, P.C. understands the importance of child custody matters, and will fight to get you the outcome that is best for your family. Contact the Danville office to schedule an appointment.