Temporary, Emergency Custody Jurisdiction

Typically, parents and children need to be residents of Minnesota for 180 days or six months for the Minnesota courts to have jurisdiction over their family law situation.  However, there are times when it is necessary, and possible, to invoke the jurisdiction of the Minnesota family court without the requisite six-month residence period. 

In child custody cases, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides for temporary, emergency jurisdiction if the child(ren) is (are) presently in the State of Minnesota and are subject to abandonment, mistreatment or abuse (or the threat thereof).   (Minn. Stat. Section 518D.204)

In those cases in which the child(ren) remain in Minnesota as residents for more than six months, the Minnesota family court's temporary jurisdiction may become permanent jurisdiction.  This is most likely to occur if there is no previous court order from another jurisdiction, or if the state where previous court orders were issued is no longer the place of residence of either parent (nor any party to the court action). 

Comments

[Laura]

My ex has custody of our daughter, but she now resides with me and my husband and has for almost a year now, her father lives in Wisconsin and now he wants her back, but he hasn't worked in 2 years and has moved her to 3 different schools since he's had custody and to numerous numbers of houses and I don't know what to do and I can't afford an attorney. Any advise?