English
EspañolIf I get temporary emergency custody in a state where I have just arrived, how long will the custody order last?
Usually, a state’s court only has power (jurisdiction) to make custody decisions when:
- it’s the child’s home state;1
- there is an ongoing case involving the child there; or
- a judge in that state previously issued a custody order.2
When a court from a different state makes an emergency custody order, that court is using “emergency jurisdiction” to issue the temporary order. Therefore, the order is only supposed to last for a short time. Usually, an emergency order will only last until the home state, known as the state with “preferred jurisdiction,” can:
- issue its own order; or
- change (modify) any custody order that was already in effect.2
The emergency judge must include in his/her order the length of time the order will remain in effect. This is so the parent can seek a more permanent order from the court with preferred jurisdiction. If cases involving the same child have been filed in two different places, the judges must communicate with each other to decide which state will keep the long-term custody case.2
1 UCCJEA § 102(7)
2 UCCJEA § 204
