Also known as: exclusive continuing jurisdictions · continuing exclusive jurisdiction
Written by attorneys — see sources below.
A court's retained authority to modify its prior child-custody or support determination. The authority persists until the issuing court determines that the child and at least one parent lack a significant connection with the state and that substantial evidence is no longer available there or until a court determines that the child and parents no longer reside in the state.
Elijah Edwards obtained a custody order in State A after his divorce. Two years later he and the child moved to State B while the other parent stayed in State A. When Elijah sought modification in State B, the court dismissed the petition because State A retained exclusive continuing jurisdiction under its original determination.
Ewan Eckhart received a custody order in State C. After both parents and the child relocated permanently to State D, Ewan filed a modification request in State D. The State D court accepted the petition because State C no longer possessed exclusive continuing jurisdiction and State D satisfied the requirements for an initial determination.
Eva Espinosa obtained a custody order in State E. After the family moved away, she asked a State F court to modify the order. The State F court proceeded only after State E expressly determined it no longer held exclusive continuing jurisdiction.
A court loses exclusive continuing jurisdiction when it determines that the child and at least one parent lack a significant connection with the state and that substantial evidence is no longer available there or when a court determines that the child and parents no longer reside in the state.
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No. Another state may modify the order only after the original state has lost exclusive continuing jurisdiction or has determined that the new state would be a more convenient forum.
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No. Physical presence of the child or personal jurisdiction over a party is neither necessary nor sufficient to create or retain exclusive continuing jurisdiction.
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