Also known as:exclusive continuing jurisdictions · continuing exclusive jurisdiction
Written by attorneys · grounded in primary & secondary sources — see 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.
Sources & Authorities
How it applies
Common Examples
3
Custody Order Remains in Original 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.
No Exclusive Jurisdiction Allows New Filing
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.
Put it into practice
Test Yourself
10
Practice Questions5
· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Casebooks
Hornbooks
Course Outlines
Study Supplements
Modification of Out-of-State Order
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.
Common questions
Frequently Asked
3
What events cause a court to lose 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.
Supporting sources
Can another state modify an order when the original state still holds exclusive continuing jurisdiction?+
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.
Supporting sources
Does physical presence of the child create exclusive continuing jurisdiction?+
No. Physical presence of the child or personal jurisdiction over a party is neither necessary nor sufficient to create or retain exclusive continuing jurisdiction.
Supporting sources
Family LawSeparation, divorce, dissolution, and annulment · Modification of maintenance and child supportUBEFoundational