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In the case of one parent moving out of state without the child, the state in which the divorce or separation took place would take jurisdiction. If a child moves out-of-state with one parent without the other parent's consent (unless court ordered) then the original state where the separation took place still holds jurisdiction. If a child moves with the parent out-of-state with both parents' consent (or with a court's permission) then the jurisdiction is transferred to the state in which the child currently resides. If BOTH parents move out of the original state to different states from each other, then the jurisdiction transfers to the child's new state.

In the following examples, Tina is the mother, Joe is the dad, and Terry is the child. They lived in Florida when the divorce happened. Tina won full custody of Terry, but Joe gets visitation rights. There is a dispute. Where do we take it to court?

Scenario 1: Joe and Tina decided to both stay in Florida. Simple. Hold court in Florida.

Scenario 2: Tina left Florida and moved to Georgia because Joe was abusive, but she did not tell the courts. Hold court in Florida.

Scenario 3: Tina petitioned the court to be able to move to Georgia because Joe was abusive and the Florida court said okay. Hold court in Georgia.

Scenario 4: Tina and Joe both went a little looney and just decided to leave Florida altogether. Tina takes little Terry to Georgia and Joe moves to Alabama. Hold court in Georgia.

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Q: What are the custody laws for out of state children?
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