SPARC Forums

Currently my step-daughter lives with us during the summer and her mother during school.  If we flip flop and she lives with us during the school year, we will become the custodial parents.  Her mother says the order can stay in PA and doesn't have to transfer to TX.  I am under the impression it has to move with the child.  I have heard that after 6 months it defaults to the state the child lives.  Please help clarify this.

Nope It does not default.
After the child lives in the same place for 6 mo. you can go to court and ask for juristiction to change, otherwise it stays the same.

>Currently my step-daughter lives with us during the summer
>and her mother during school.  If we flip flop and she lives
>with us during the school year, we will become the custodial
>parents.  Her mother says the order can stay in PA and doesn't
>have to transfer to TX.  I am under the impression it has to
>move with the child.  I have heard that after 6 months it
>defaults to the state the child lives.  Please help clarify
>this.

I was under the same impression but according to my attorney jurisdiction ussually stays in the same state the divorce decree is filed, unless you request a change of jurisdiction.

After the child has moved and lived in a specific area or state for 6 months or more, a petition can be filed with that court for them to take over jurisdiction.  It's part of the UCCJA, a federal act, and a minimum 6 month residency must be established first.

>I am under the impression it has to move with the child.  

Nope, no need to unless circumstance require it.


>I have heard that after 6 months it defaults to the state the child lives.

Absolutely false. A custody order remains in effect indefinitely unless explicitly changed by the court.