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Interstate Custody Arrangements


Example: Sam and Diane met and married in Missouri. They moved to Delaware where their child (Sam Jr.) was born. Sam, Diane and Junior lived in Delaware until Junior was ten. At that time, Sam took Junior to Missouri in an effort to divorce Diane and raise Junior himself. When Sam went to court in Missouri and requested custody, his request was denied because Delaware is Junior's home state, the state with which he has significant connections, and Sam removed Junior from Delaware in an effort to create home state jurisdiction in Missouri. Diane should go to court in Delaware and request custody, even though Junior is in Missouri.

 
Full Faith and Credit

Full faith and credit is a legal principle requiring judges to recognize and enforce valid decrees and judgments issued by courts in other states.

In the past, states often did not afford full faith and credit to custody decisions of courts in other states, preferring instead to decide the issues on the evidence before them. This often led to contradictory custody orders and sometimes children were kidnapped and thrown back and forth. Now, however, the Uniform Child Custody Jurisdiction Act requires states to give full faith and credit to custody decisions rendered in other states.

Copyright 2005 Nolo

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