Temporary, Emergency Custody Jurisdiction

Posted by & filed under Custody, Interstate issues.

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). 

4 Responses to “Temporary, Emergency Custody Jurisdiction”

  1. 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?

  2. Autumn

    My friend just lost custody based on her son’s father and his parents making up lies. She wanted to move to new york and when she told them this, they joined forces and said her and her boyfriend were abusing her son. Her and her son’s father were not married, and he was not been apart of the child’s life on a consistant basis since he was born. Not only this but the last time the father took the 2 1/2 year old child he was in a drunk driving accident with the child in the car. The child had minor injurys and the father was arrested and blew a .23 alcohol level. My friend can’t afford a lawyer and the father and his family have a lawyer and money. The father got temparry custody of the child because of these lies that were told. My friend has a lot of people that will witness that she is an amazing mother that wouldn’t allow anyone to hurt or even treat her son with disrespect. Any advice or resources to a pro bono lawyer would be appreciated.. we are in need as soon as possible! thank you
    Autumn Swanson

  3. Roxie

    record every thing he is doing every time they move every he moves her to different schools because a judge looks at the stability which includes those. Then try and maybe go through legal aid when you can and you will find all those notes come in useful Record everything negative but not to say it in front of your child and you dont want him to realize you are doing that until hes infront of a judge
    I have been through a divorce and have had to deal with custody issues

  4. Rebecca Valenzuela

    So if after a divorce the children move back to the state in whichthey are born and live there for over 2 years would Minnesota still have jurisdiction over the case? The agreement in the divorce decree states that the childrens residnece can be moved back to thier birth state. If a motion was filed to dismiss based on lack of jurisdiction? Can a Judge disregard the motion completly as well as the respondant even if the motion was filed with the court?
    Me the mother of the children in the military lost full legal custody for the simple reason of being a reserve in the Navy. When I filed my motion to dismiss, it was never braught up in court. Now the judges clerk is telling me to write the judge a letter asking why, becasue she couldnt give me an asnwer as to why the motion was never braught up..but wouldnt that be like trying to communcate with the judge?


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