If I have legal custody of my daughter through one state but she is temporarily living with her father in another state, in what state should he have filed for custody?

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If I have legal custody of my daughter through one state but she is temporarily living with her father in another state, in what state should he have filed for custody?

He has filed in his state.

Asked on December 7, 2012 under Family Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have legal custody but he wishes to file for custody, it would be filed in the state in which he resides.  However, there are conditions.  Usually the child would have had to have the minimum residency amount (contact the court to find out if it is 3 months, 6 months, longer) and then the initial court would have to have relinquished jurisdiction over this matter, which means the father would probably have to file something with that court requesting it to relinquish jurisdiction.


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