Child custody jurisdiction: Which court can make custody orders
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If your children have lived in more than one state, learn when a Washington court can decide custody, and whether the Washington court should follow custody orders from other states. This also applies to visitation orders.
Contents
1. Fast facts
Custody decision includes legal custody, physical custody, or visitation. It includes permanent and temporary orders, the first ever custody order (an initial order), or changes to a previous one (a modification).
Orders covering only child support are not custody decisions.
When we say “parent” here, we’re also referring to someone acting as a child’s parent, including a minor guardian.
If your custody case involves more than one state, try to talk to experienced family law attorneys in both Washington and the other state. The other state’s laws could be different from Washington’s. You should also talk to a lawyer if your order is from a tribal court.
Jurisdiction is a court’s power to make legal decisions. A Washington court can only decide custody if the law gives it that power. Parents can’t choose the state they prefer.
If your children have always lived in Washington and no other state or tribal court or country has made a custody order about them, Washington generally can make a custody decision (Washington has initial jurisdiction). If the children have lived in another state, or another state has made a custody order, jurisdiction will be harder to determine. You must decide which of these to do:
- File for custody in the state that has home state jurisdiction.
- Ask the home state to decline jurisdiction and let Washington take it.
- In an emergency, you may be able to get a Washington custody order protecting the children while long-term jurisdiction is decided.
- Wait until the children have been in Washington for 6 months so Washington becomes the child’s home state, if no one’s started a custody case in another state meanwhile.
If you file for custody in a state that doesn’t have jurisdiction to decide it, you could see your case dismissed after spending time and money on the case. If you intentionally filed while knowing the state didn't have jurisdiction, the court could penalize you for it.
If the children in your case are Indian children, or you have reason to believe they are, different laws may apply. It’s possible that a tribal court is the only court that can make a custody decision. It’s important to Read about the Indian Child Welfare Act and try to talk to a lawyer immediately if your case involves any Indian children.