How Can a Father Gain Custody of His Children Living in Another State?


Quick Answer

One way a father may gain custody of his children living in another state is if the mother agrees to modify custody and the court approves the modification, states The 'Lectric Law Library. Only the state that first determined custody is allowed to make changes to the agreement.

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Full Answer

The Uniform Child Custody Jurisdiction Act establishes when a state may determine child custody and when it must defer to the ruling of another state, according to The 'Lectric Law Library. A state has jurisdiction over a child custody case when it meets one of the following criteria: the child or children have lived there for at least six months, they have significant ties to people living there (such as grandparents), they are in the state currently and are in danger of abuse or neglect if returned to another state, or another state that also meets one of these criteria declines to decide on custody.

A father may take custody without court approval if the mother agrees in a stipulated modification, explains The 'Lectric Law Library. If she later reneges on the modification, the father may not be able to enforce the changes. Any non-custodial parent may file for custody if the custodial parent moves a significant distance or if a change in circumstance is harming the child.

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