How To Rescue Someone Else's Child From A Different State

Imagine the fear, anger and concern over losing a four year old child who had lived with you since her birth. The family who came to my office were beside themselves with worry when the child's mother sent her daughter to another part of the country to live with a man who is not her father.

The child's aunt, uncle and grandmother came to our office. Four weeks ago, the mother took the child from their home and sent her to another part of the country. She now lives with the father of her half siblings.

The case demonstrates how child custody lawyers strategize solutions to problems. First, we began with the facts. The child is four years old. She has lived mostly with her aunt and uncle for most of her life. Her mother has many children, but none of them live with their mother. Some are in foster care.

Next, we had to analyze child custody jurisdiction under the Uniform Child Custody Jurisdiction Act. Too many lawyers and even judges simplify and misunderstand child custody jurisdiction. For example, some mistakenly believe that the court where the child now resides has jurisdiction. Others think that the state where the child lived for the past six months keeps jurisdiction until the child lives somewhere else for six months. The accurate rule differs in ways that, though technical, make the difference in the life of a child.

After establishing jurisdiction, we had to consider various ways for a non-parent to take custody of a child. We considered private child in need of care actions, paternity actions, and grandparents' visits. We advised our client on the benefits, risks, speed and costs of each option. We even had to consider the reputation and experiences of particular judges to know how a court might rule.

Ultimately, we brought all of our sophistication and experience to bear for the sole purpose of rescuing a small child from a dangerous circumstance.