Family Law in Your State

What Happens to My Custody Order If I Move to Another State?

This page provides general legal information, not legal advice. Court rules and procedures can change. A qualified attorney can advise you about your situation.

Do not assume that moving replaces or transfers an existing custody order. Before asking a court to act, identify the issuing court and confirm the current law and procedure in every state connected to the case.

Keep the existing order and case information

Save a certified copy of the current order and record the issuing court’s contact information. The U.S. Department of State describes the UCCJEA as a framework for jurisdiction and for registering and enforcing out-of-state custody orders, but each state applies its enacted law (U.S. Department of State — Uniform child custody jurisdiction laws). For example, California and Texas each have separate enacted provisions on jurisdiction and enforcing an out-of-state custody order (California Family Code sections 3421–3423 and 3441; Texas Family Code chapter 152).

Review both states in the state directory and seek qualified advice before filing in a new court or relying on a move to change the existing order.

Read Family Law in Your State for a checklist of state and local sources to locate.