Child Custody Jurisdiction Explained

Summary

In child custody cases, jurisdiction typically lies with the state where the children currently reside. Without a custody order, your wife must file for custody in court. Indiana may have jurisdiction since the children are there. The court will prioritize the childrens best interests, considering factors like safety and CPS involvement. Legal papers will be served for you to respond. Consult a local attorney for personalized advice.

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No custody order is in place as of yet. I belive i have to be served papers before its active.
In your situation, since no custody order is in place, your wife would generally need to initiate a custody action in court to request an official custody arrangement. Here are a few key points:
- Jurisdiction: Indiana may have jurisdiction since the children are currently there.
- Legal Process: Your wife would need to file for custody in the appropriate court.
- Notification: You would typically be served with legal papers to respond.
Has your wife indicated any intention of filing for custody?
Yes my wife is trying to obtain the order. I am also trying to file in indiana. I had called CPS on her and so did the owner of the home she is staying at. She was trying to keep the kids at the home as it was unsafe and not clean. The cops told my wife that she was acting in the best interest of the kids.
It sounds like a complex situation. Since both of you are considering filing for custody in Indiana, here are some general points to consider:
- Jurisdiction: Indiana may have jurisdiction since the children are currently there.
- Best Interests of the Child: The court will focus on what is best for the children’s safety and well-being.
- CPS Involvement: The involvement of CPS could impact custody decisions.
Would you like assistance connecting with local lawyers who can provide more detailed guidance on your case?