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Which State's Court Will Hear the Case?
The following example illustrates the situation in which it matters which state's court will hear the case.
Eight months before the divorce, Juanita has left her husband Eldridge in New
York and returned with the kids to her family in New Mexico.
The couple has agreed to get divorced, but not on which state's court should
hear the case. The state they pick matters, because the states have very
different approaches to matters such as custody and support.
In deciding this issue, judges in both New York and New Mexico will consider
the Uniform Child Custody Jurisdiction Act. This is a state law, but it has been
adopted by every state.
In this particular case, the law might give New Mexico the nod, because the
child has been living in New Mexico for more than six months, and the child
has extended family living in New Mexico.
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