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Can I change jurisdiction from one state two another after a period of time?

Ooltewah, TN |

I have lived in GA for over two years now but AL has jurisdiction. Can I change that to were I am living since I have custody?

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Attorney answers 1

Posted

The Uniform Child-Custody Jurisdiction and Enforcement Act (1997) says which states’ courts have and should exercise jurisdiction.

A court must have jurisdiction (i.e., the power and authority to hear and decide a
matter) before it can proceed to consider the merits of a custody case.

The UCCJA bases jurisdiction vested the court, upon a child’s affiliation with a State.

Specifically, it established four jurisdictional grounds:

- Home State (reserved for the State in
which the child has lived for at least 6
months preceding commencement of
the action).

- Significant connection (exists when a
State has substantial evidence about a
child as a result of the child’s significant
connections to that State).

- Emergency (governs situations such as
abandonment or abuse that require
immediate protective action).

- Vacuum (applies when no other jurisdictional
basis exists).

I hope this helps.

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