Does the local law of one state have to honor a court order from another state in a emergency temporary child custody situation?

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Does the local law of one state have to honor a court order from another state in a emergency temporary child custody situation?

I have a situation in which my wife was granted temporary custody of our niece. Her mother just passed away and the father is unfit totake care of her. She is currently in his custody based only on his word to the local authorities here. When we presented the court order to the local sheriff, he would not help us because he could not validate the court order. What do we need to do from here?

Asked on August 2, 2012 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would speak with ana ttorney in your area as soon as you can.  Generally speaking, cusotdy determinations regarding a child must be made in the state and county in which the child resides.  A court in another state may grant an emergency petition but that would be subject to your filing in the state in which the child resides.  And you would have to file the temporary order in the state in which she resides for them to be able to act on it.  Please get help.  Good luck. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would speak with ana ttorney in your area as soon as you can.  Generally speaking, cusotdy determinations regarding a child must be made in the state and county in which the child resides.  A court in another state may grant an emergency petition but that would be subject to your filing in the state in which the child resides.  And you would have to file the temporary order in the state in which she resides for them to be able to act on it.  Please get help.  Good luck. 


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