Custody requests in San Jose

California parents who want to file for custody of a child are normally required to do so in the child’s home state. The home state is the state that the child has been living in with a parent or an individual acting as a parent for at least six months. For children who are not yet six months old, the home state is the state that they were born and have lived in since birth.

When parents move to a new state, they are not normally able to file for custody in that state until they have been residing there for at least six months. Until this time has passed, any requests for custody of a child usually have to be filed in the state that the child was residing in previously.

The two most common exceptions that allow someone to file for custody outside of a child’s home state are when an emergency custody request is made or when the home state allows another state to have jurisdiction. Emergency custody requests are normally made when a child has been abandoned or is in danger of mistreatment or abuse. States will normally only allow for another state to have jurisdiction if it can be shown that the child and one parent have significant connections to the other state.

Once parents have been given child custody, it does not necessarily mean that they will retain that custody forever. Custody is decided based on the best interests of the child, and if the circumstances that the child is living in change dramatically, it may be possible to obtain a custody modification. An attorney can often prepare and file the required motion.