ANSWERS: 1
  • "Home State" means the State in which, immediately preceding the time involved, the child lived with his parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old, the State in which the child lived from birth with any of such persons. See Parental Kidnapping Prevention Act (PKPA), 28 U.S.C. Section 1738A. If Alabama is the "home state" of the children, then Alabama has jurisdiction over the issue of child custody and you will definitely need an Alabama attorney to represent you in the divorce and custody matter. If you have lived in Oregon with the children for more than six months, and if the removal of the children from the state of Alabama was proper, then the State of Oregon is most likely the "home state" of the children. If so, Alabama would not have jurisdiction over the issue of child custody. Nevertheless, you may still need an Alabama attorney to motion the court to dismiss the custody action based on lack of subject matter jurisdiction under the PKPA. Under the "clean hands doctrine," a person who removes a child from one jurisdiction to another must demonstrate that the removal was proper. Generally, if the child was removed to protect the child from the harmful effects of domestic violence, then the removal will not be considered improper. Be warned, however, that a determination under the "clean hands doctrine" must be based on the facts and circumstances that are unique to each case.

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