Can a state modify another state's custody order?

What the Law Says

The Parental Kidnapping Prevention Act (PKPA), codified at 28 U.S.C. § 1738A, establishes national standards for interstate custody jurisdiction and mandates that states give full faith and credit to each other’s custody determinations.

The PKPA prevents states from modifying custody orders issued by another state unless strict conditions are met. Its core purpose is to eliminate conflicting custody orders and discourage parental kidnapping by ensuring only one state has 'continuing, exclusive jurisdiction' over a custody matter at any time.

A state may only modify another state’s custody order if: (1) the original issuing state determines it no longer has continuing jurisdiction or declines to exercise it; and (2) the modifying state has jurisdiction under its own laws *and* under the PKPA — meaning the child and at least one parent have a significant connection to the state, and substantial evidence about the child’s care is available there.

The PKPA defines a child’s 'home state' as the state where the child lived with a parent for at least six consecutive months immediately before commencement of the custody proceeding — a key threshold for initial jurisdiction.

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) — Full faith and credit

Statutory Text

A court of a State shall not exercise jurisdiction in any proceeding for a custody determination commenced during the pendency of a proceeding in a court of another State where such court has jurisdiction under the law of such State and is exercising jurisdiction consistent with the provisions of this section.

— 28 U.S.C. § 1738A(g) — Concurrent proceedings

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