Which state has jurisdiction to make custody decisions when parents live in different states?

What the Law Says

The Parental Kidnapping Prevention Act (PKPA), codified at 28 U.S.C. § 1738A, establishes uniform rules for interstate custody jurisdiction to prevent conflicting orders and forum shopping. It mandates that states give full faith and credit to custody determinations made by the child’s 'home state.'

Under the PKPA, the 'home state' is defined as the state where the child lived with a parent or person acting as a parent for at least six consecutive months immediately before the custody proceeding began. For children under six months old, it’s the state where they lived from birth.

The PKPA requires all states to enforce custody orders issued by the home state — even if another state later issues a conflicting order. This prevents parents from moving to another state to seek a more favorable ruling.

The law also specifies that a state may exercise jurisdiction only if it meets one of four conditions: (1) it is the home state; (2) it was the home state within six months before filing and a parent still lives there; (3) no other state qualifies as the home state and it has significant connections with the child; or (4) emergency circumstances exist (e.g., abuse or abandonment).

Statutory Text

The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided in subsections (f), (g), and (h) of this section, any custody determination or visitation determination made consistently with the provisions of this section by a court of another State.

— 28 U.S.C. § 1738A(a) — Enforcement of custody determinations

Statutory Text

The term 'home State' means the State in which, immediately preceding the time involved, the child lived with his parents, a parent, or a person acting as a parent, for at least six consecutive months...

— 28 U.S.C. § 1738A(b)(4) — Definition of 'home State'

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