Custody Motion

Official Judicial Council form adopted for mandatory use under Family Code section 3400 et seq., on which the declarant lists each child, the child's residences and the persons the child lived with for the past five…

The court may, during a proceeding or at any time thereafter, make an order for the custody of a child during minority that seems necessary or proper.

A petition for a temporary custody order, containing the statement required by section 3429, may be included with the initial filing or filed at any time afterward.

Rule text: in a family law proceeding a Request for Order (form FL-300) is used to seek court orders and a Responsive Declaration (form FL-320) to respond;

The court may not treat a party's absence or relocation from the family residence as a factor where it was of short duration with continued interest and contact, or was caused by domestic or family violence, with the…

Every custody or visitation order must state the basis for jurisdiction, how notice and opportunity to be heard were given, a clear description of each party's custody and visitation rights, a statement that violation…

A joint custody order may be modified or terminated on petition of one or both parents or on the court's own motion if the child's best interest requires it, and the court must state its reasons if either parent…

A custody order from this or another state may, subject to the jurisdictional requirements of sections 3403 and 3414, be modified at any time to a joint custody order under the chapter. Read it with section 3087.

Uniform Child Custody Jurisdiction and Enforcement Act definitions: a child custody determination includes permanent, temporary, initial and modification orders but not support orders;

Connecticut rule that a Connecticut court may not modify another state's custody determination unless it has initial-determination jurisdiction and the other state's court finds it no longer has exclusive, continuing…

Connecticut rule that a court has temporary emergency jurisdiction if the child is present in Connecticut and has been abandoned or it is necessary in an emergency to protect the child because the child, a sibling or a…

The route to an emergency ex parte custody order and what must be shown. The motion to file when a child is at immediate risk, rather than adding it to a list.

Connecticut UCCJEA definitions, including "child custody determination" (permanent, temporary, initial and modification orders on legal custody, physical custody or visitation, but not support), "child custody…

Connecticut rule that, except for temporary emergency jurisdiction, a Connecticut court may make an initial custody determination only if Connecticut is the child's home state on commencement or was within six months…

The court's authority over custody, care, education, visitation and support, decided on the BEST INTERESTS of the child, with the factors the section lists.

As between a parent and a third party, there is a presumption that custody with the parent serves the child's best interest, rebuttable as the section provides. The first question in any grandparent or third-party case.

Text on custody and visitation orders for children of a deploying parent, defining armed forces, deploy and deployment and then setting the temporary-order, delegation and post-deployment rules.

Text allowing the Superior Court, in a custody controversy where it has jurisdiction under chapter 815p, to permit an interested third party to intervene and to award custody or visitation to that party, and stating…

The court may make custody and support orders for children of parents who live separately without a dissolution action. The route for unmarried or separated parents.

A custody proceeding is commenced in the Family Court by a parent's petition in the county where the child resides or is found, with notice to the parent, guardian and custodian, intervention for good cause, appointment…

Delaware rule that the Family Court has temporary emergency jurisdiction if the child is present in Delaware and has been abandoned or it is necessary in an emergency to protect the child because the child, a sibling or…

A party seeking to modify a custody order files a verified petition setting out the facts supporting the modification. Read with § 729. This source alone does not establish the showing required in a particular case.

Delaware UCCJEA definitions, including "child custody determination" (permanent, temporary, initial and modification orders on legal custody, physical custody or visitation, but not support), "child custody proceeding",…

Delaware rule that, except for temporary emergency jurisdiction, a Delaware court may make an initial custody determination only if Delaware is the home state on commencement or was within six months with a parent still…

Delaware rule that, except for temporary emergency jurisdiction, a Delaware court may not modify another state's custody determination unless it has initial-determination jurisdiction under § 1920(a)(1) or (2) and…

Delaware rule that a Delaware court that made a custody determination under § 1920 or § 1922 keeps exclusive, continuing jurisdiction until a Delaware court finds that neither the child, nor the child and one parent or…

Delaware rule that if jurisdiction exists only because the person invoking it engaged in unjustifiable conduct, the court shall decline it unless the parents and persons acting as parents acquiesced, the state with…

Delaware rule that, subject to court rules, each party in a custody proceeding must state under oath in the first pleading or an attached affidavit the child's present address, the places the child has lived during the…

The statutory AFFIDAVIT by which a parent empowers another adult to consent to a minor's medical treatment. A practical document to prepare alongside a custody or caregiving arrangement.

District of Columbia text: a District court has temporary emergency jurisdiction if the child is present in the District and has been abandoned, or an emergency requires protecting the child because the child, a sibling…

After a judgment, decree or order granting custody, child support or alimony, the court retains jurisdiction to enter future orders modifying or terminating it, to the extent retention does not contravene other…

District of Columbia UCCJEA rule stating when a District court has jurisdiction to make an initial child-custody determination, principally home-state jurisdiction on the date of filing or within six months before.

District of Columbia text: except for temporary emergency jurisdiction, a District court may not modify another state's custody determination unless the District has initial jurisdiction under § 16-4602.01(a)(1) or (2)…

District of Columbia text on temporary custody and visitation orders when a parent is deployed, including expedited hearings, delegation of visitation to a family member and the return of the pre-deployment arrangement,…

In a child-custody proceeding each party must give, in its first pleading or an attached affidavit and under oath, the child's present address, the places the child lived during the last five years and the persons the…

The best interest of the child is the primary consideration; the court must make a determination as to both legal custody and physical custody and may order sole legal, sole physical, joint legal, joint physical or…

District of Columbia text: except for temporary emergency jurisdiction under § 16-4602.04, a District court that made a custody determination consistent with § 16-4602.01 or § 16-4602.03 keeps exclusive, continuing…

District of Columbia text: before a UCCJEA custody determination, notice and an opportunity to be heard under § 16-4601.07 must be given to everyone entitled to notice under District law, any parent whose rights have…

District of Columbia text: except for temporary emergency jurisdiction, a District court may not exercise jurisdiction if, when the case began, a custody proceeding had been commenced in another state with substantially…

Official Florida Supreme Court approved form and instructions (02/18) for the UCCJEA affidavit, which the instructions say should be used in any case involving parental responsibility for, custody of, or time-sharing or…

Official Florida Supreme Court approved form and instructions (11/15) for a supplemental petition to change parental responsibility, visitation, or a parenting plan and time-sharing schedule;

Florida text giving Florida courts temporary emergency jurisdiction when the child is present in Florida and has been abandoned, or protection is necessary because the child, a sibling, or a parent is subjected to or…

Official Florida Supreme Court approved family law form for a supervised or safety-focused parenting plan, whose instructions direct its use where a parent believes the children cannot safely be alone with the other…

Official Florida Supreme Court approved family law form for a relocation or long-distance parenting plan, whose instructions direct its use when a parent plans to relocate the principal residence more than 50 miles…

Section 61.13 governs child support and parenting plans. The 2026 comparison changes the history citation only; apply the operative requirements and exceptions to the actual facts.

Florida text giving Florida courts jurisdiction to make an initial child custody determination only if Florida is the child's home state or was within 6 months before commencement with a parent still living here, or on…

Florida text barring a Florida court from modifying another state's custody determination unless Florida has initial jurisdiction under section 61.514(1)(a) or (b) and the other state's court finds it no longer has…

Official Florida Supreme Court approved family law form for a parenting plan, whose instructions state that a parenting plan is required in all cases involving time-sharing with minor children, that it must be developed…

Florida definitions for chapter 61, including parenting plan, defined as a document created to govern the relationship between the parents relating to decisions about the minor child that must contain a time-sharing…

Maryland text giving the equity court jurisdiction over adoption, alimony, annulment, custody or guardianship of a child, visitation and the other listed family matters.

Maryland modification standard: the court may modify a custody or visitation order on finding a material change in circumstances since the order that relates to the needs of the child or the parents' ability to meet…

Maryland text: a Maryland court has temporary emergency jurisdiction if the child is present in Maryland and has been abandoned, or an emergency requires protecting the child because the child, a sibling or a parent is…

Supreme Court of Maryland rules order reproducing Rule 9-204.1 as amended, with its definitions of decision-making authority (legal custody), parenting plan (a written agreement about how parties will work together to…

Official Maryland Judiciary form (Rev. 08/2024), captioned under Family Law § 1-201, for a party to an existing custody or visitation order who wants it changed.

Maryland text requiring the court, in custody or visitation decisions, to consider evidence of abuse by a party against the other parent, the party's spouse or any child in the household, and to make arrangements that…

Maryland text barring custody or visitation to a parent found guilty of murdering the other parent, another child or a family member, absent good cause shown by clear and convincing evidence, with the listed exceptions.

Maryland statutory list of factors a court may consider in determining what legal custody and physical custody is in the best interest of a child, beginning with stability and the child's health and welfare and…

Maryland UCCJEA rule stating when a Maryland court has jurisdiction to make an initial custody determination, principally home-state jurisdiction on the date of filing or within six months before.

Maryland text: except for temporary emergency jurisdiction, a Maryland court may not modify another state's custody determination unless Maryland has initial jurisdiction under § 9.5-201(a)(1) or (2) and either the…

Official Massachusetts Probate and Family Court complaint under chapter 209C for a child of unmarried parents, alleging the parties are not married, the child's birth outside marriage, and parentage by voluntary…

Official Massachusetts Probate and Family Court guidance that a child must ordinarily have lived in Massachusetts for at least six months immediately before a custody filing (the home state rule, with exceptions), lists…

Official Massachusetts Probate and Family Court complaint for modification (CJ-D 104, 1/22/2020 revision), in which the plaintiff identifies the parties' residences and the judgment to be modified and alleges either…

Official Massachusetts Trial Court affidavit under Trial Court Rule IV, used in cases under chapters 119, 190B, 207, 208, 209, 209A, 209B, 209C and 210 whenever a party asks for orders involving a child: each party…

Temporary custody and maintenance orders for minor children. Read with section 19 when seeking early relief.

Massachusetts definitions for chapter 209B, which governs interstate custody jurisdiction in Massachusetts in place of the UCCJEA, including "custody determination" (temporary or final orders on custody or visitation),…

Massachusetts rule that a certified copy of another state's custody judgment may be filed with the clerk or register of a competent Massachusetts court, which treats it like a Massachusetts custody judgment with the…

The court's authority over custody, support and maintenance of children, including support past eighteen for a child principally dependent and enrolled in an educational programme, to the section's age limits.

The custody definitions Massachusetts actually uses: SOLE LEGAL, SHARED LEGAL, SOLE PHYSICAL and SHARED PHYSICAL custody, with shared legal custody presumed at the temporary stage absent the findings the section…

Text in the divorce chapter: in any temporary or permanent custody order the probate and family court considers evidence of past or present abuse toward a parent or child as a factor contrary to the child's best…

A New Jersey court has temporary emergency jurisdiction if the child is present in New Jersey and has been abandoned, or an emergency requires protecting the child because the child, a sibling or a parent is subjected…

Text of the definitions for custody and parenting-time arrangements during a service member's absence, including "deployment" as a military assignment or training absence of 30 or more days that keeps the member from…

Text of New Jersey's UCCJEA initial-jurisdiction rule: a court may make an initial custody determination only if New Jersey is the child's home state on the commencement date or was within six months before and a parent…

Except in an emergency under 2A:34-68, a New Jersey court may not modify another state's custody determination unless it has jurisdiction to make an initial determination under paragraph (1) or (2) of 2A:34-65a.

Each party, in its first pleading or an attached affidavit, must state under oath the child's present address, every place the child has lived in the last five years and the persons the child lived with, and whether the…

Except for temporary emergency jurisdiction under 2A:34-68 or the service member provision of 9:2-12.1, a New Jersey court that made a custody determination consistent with 2A:34-65 or 2A:34-67 has exclusive, continuing…

Before a custody determination is made, notice and an opportunity to be heard under the act's notice standards must be given to everyone entitled to notice under New Jersey law in custody proceedings between residents,…

Except in an emergency under 2A:34-68, a New Jersey court may not exercise jurisdiction if, when its proceeding was commenced, a custody proceeding had already been commenced in another state having jurisdiction…

The family court has jurisdiction, on referral from the supreme or county court or when initiated in the family court, to determine habeas corpus proceedings and petitions for custody or visitation of minors in…

A New York court has temporary emergency jurisdiction if the child is present in the state and has been abandoned or it is necessary in an emergency to protect the child, a sibling or a parent;

On referral from the supreme court the family court may fix temporary or permanent custody and modify custody and visitation judgments in separation, divorce, annulment and dissolution actions, and may grant a…

In a child custody proceeding each party must give, in its first pleading or an attached affidavit and under oath, the child's present address, the places the child lived in the last five years and the persons the child…

Notice to a person outside New York required for UCCJEA jurisdiction may be given by personal delivery outside the state under CPLR 313, by any form of mail requesting a receipt, as the court directs on motion…

While a parent is activated, deployed or temporarily assigned to military service in a way that materially affects caretaking, a court may modify custody only on clear and convincing evidence that modification is in the…

Except under § 76-c, a New York court may not modify another state's custody determination unless it has jurisdiction to make an initial determination under § 76(1)(a) or (b) and either the other state's court…

Except for temporary emergency jurisdiction under § 76-c, a New York court may make an initial custody determination only if New York is the child's home state at commencement or was within six months before and a…

The family court must appoint an attorney for a minor who is the subject of proceedings under articles 3, 7, 10, 10-A and 10-C and the other listed proceedings if independent representation is not available, and in any…

Ohio text allowing a court, when requested in a pleading or by motion with a filed affidavit, to make a temporary order allocating parental rights and responsibilities while an action is pending, without oral hearing…

Ohio text barring an Ohio court from modifying another state's custody determination unless Ohio has initial jurisdiction under section 3127.15(A)(1) or (2) and the other state's court finds it no longer has exclusive,…

Ohio text giving Ohio courts temporary emergency jurisdiction when the child is present in Ohio and has been abandoned or protection is necessary because the child, a sibling, or a parent is subjected to or threatened…

Ohio text requiring each party in a child custody proceeding to state under oath in the first pleading or an attached affidavit the child's present address, the places the child has lived within the last five years and…

Official Supreme Court of Ohio uniform form (Uniform Domestic Relations Form 27 and Uniform Juvenile Form 6), approved under Civil Rule 84 and Juvenile Rule 46 and amended September 21, 2020, for a motion to change a…

Ohio text barring an Ohio court, except in an emergency, from exercising jurisdiction when a custody proceeding is already pending in another state with substantially conforming jurisdiction, requiring the court to…

Official Supreme Court of Ohio uniform domestic relations form, approved under Civil Rule 84 and amended June 1, 2021, implementing section 3127.23(A): its instructions state that by law the affidavit must be filed and…

OHIO DOES NOT USE THE WORD CUSTODY EITHER. It allocates PARENTAL RIGHTS AND RESPONSIBILITIES, either to one parent as RESIDENTIAL PARENT AND LEGAL CUSTODIAN or through a SHARED PARENTING PLAN that a party must actually…

The mother of a child born to unmarried parents is the sole residential parent and legal custodian until a court orders otherwise. Tell an unmarried father this before he assumes shared rights are the starting point.

Ohio says PARENTING TIME for a parent and COMPANIONSHIP for grandparents and relatives, with the statutory factors for each. Use the right term for the right person; they are different rights with different standards.

Rule text setting out the form of the custody complaint, including the parties, the custody sought, the child's residences during the past five years, the parents, the persons each party lives with, prior and pending…

Custody orders may be modified on petition to serve the child's best interest. There is no separate substantial-change threshold in the text, so do not import one from another state.

A Pennsylvania court has temporary emergency jurisdiction if the child is present in Pennsylvania and has been abandoned, or an emergency requires protecting the child because the child, a sibling or a parent is…

Rule text: a party proposing a change of residence that significantly impairs another party's custodial rights must notify every person with custodial rights and provide a counter-affidavit, by certified mail no later…

The sixteen best-interest factors, with substantial weighted consideration to those bearing on the child's SAFETY, including which party is more likely to ensure safety, parental duties performed, need for stability,…

No party to a custody matter in which the court appointed a licensed health care or behavioral health practitioner to examine, evaluate or make a recommendation may file a licensing-board complaint against the…

Text of the definitions for Chapter 54, Pennsylvania's Uniform Child Custody Jurisdiction and Enforcement Act, including child custody determination (permanent, temporary, initial and modification orders on legal…

Text of Pennsylvania's UCCJEA initial-jurisdiction rule: a court may make an initial custody determination only if Pennsylvania is the child's home state on the commencement date or was within six months before and a…

Except in an emergency under § 5424, a Pennsylvania court may not modify another state's custody determination unless it has jurisdiction to make an initial determination under § 5421(a)(1) or (2) and either the other…

Rule text: the court may on motion appoint an attorney for a child who is the subject of the action, may apportion the cost, and the child's attorney represents the child's legal interest as any other client, with the…

Texas text giving Texas courts temporary emergency jurisdiction when the child is present in Texas and has been abandoned or protection is necessary because the child, a sibling, or a parent is subjected to or…

Texas text requiring a person who files, within one year of the order or the mediated or collaborative settlement agreement it rests on, to modify who has the exclusive right to designate the child's primary residence,…

Texas text setting the required contents of a petition in a suit affecting the parent-child relationship, including the style, a statement of the court's continuing, exclusive jurisdiction or that no court has it, the…

Texas text allowing the court, after notice and hearing or by agreement, to order a child custody evaluation of the child, the parties, and if appropriate the residence of a person seeking conservatorship or access,…

Texas text giving Texas courts jurisdiction to make an initial child custody determination only if Texas is the child's home state or was within six months before commencement with a parent still living in Texas, or on…

Texas text barring a Texas court from modifying another state's custody determination unless Texas has initial jurisdiction under section 152.201(a)(1) or (2) and either the other state's court finds it no longer has…

The STANDARD POSSESSION ORDER is presumed to be in the child's best interest and to provide reasonable minimum possession. Texas practice starts from this schedule; a parenting plan that departs from it needs a reason.

Texas text requiring a final order in a suit affecting the parent-child relationship to include a parenting plan, excepting orders that only modify support or terminate parental rights and the further order named, and…

Texas text allowing temporary orders in a modification suit but barring a temporary order that creates or changes the designation of the person with the exclusive right to designate the child's primary residence, or…

Texas text allowing modification of a conservatorship or possession order if modification is in the child's best interest and the circumstances of the child, a conservator or another affected party have materially and…

Virginia text: a Virginia court has temporary emergency jurisdiction if the child is present in Virginia and has been abandoned, or an emergency requires protecting the child because the child, a sibling or a parent is…

Official Virginia court form, captioned under Va. Code § 20-146.20, for circuit or juvenile and domestic relations district court: the affiant states under oath the child's present address and since when, places and…

Pendente lite the circuit court may compel spousal maintenance and health coverage, order payment of joint debts, award money to enable a spouse to carry on the suit, provide for custody and maintenance of the children,…

Defines joint custody as joint legal custody, joint physical custody or any combination the court finds in the child's best interest, and defines sole custody and person with a legitimate interest.

Custody and visitation, including support and maintenance of the children, must be adjudicated promptly and ahead of other issues in either circuit or district court, with pendente lite relief available under § 20-103…

In any child custody proceeding each party must give, in its first pleading or an attached affidavit and under oath, the child's present address, every place the child has lived in the past five years and the persons…

Virginia UCCJEA definitions, including child (under eighteen), child custody determination (permanent, temporary, initial or modification orders for legal custody, physical custody or visitation, but not support orders)…

Virginia UCCJEA rule stating when a Virginia court has jurisdiction to make an initial custody determination, principally home-state jurisdiction on the date of filing or within six months before.

Virginia text: except for temporary emergency jurisdiction, a Virginia court may not modify another state's custody determination unless Virginia has initial jurisdiction under § 20-146.12(A)(1) or (2) and either the…

Official Virginia court form (master dated 07/20), citing Va. Code §§ 16.1-278.15 and 20-124.3, listing the factors the judge considers at a custody or visitation hearing if the parties present them: the child's age and…