Long‑Arm Jurisdiction Over Out‑of‑State Parents

Before a court can order support from someone who lives elsewhere, it needs personal jurisdiction over that person. UIFSA’s “long‑arm” provisions list ways a state may reach an out‑of‑state parent. Understanding these hooks helps you decide where to file and how to serve.

Common jurisdictional hooks.

• Personal service in the state (you’re served while physically present). 

• Consent—written or by general appearance in the case. 

• Past residence with the child in the state. 

• Past acts in the state that led to the child’s conception. 

• Paying support or asserting parentage in the state. 

• Directed conduct toward the child in the state (e.g., regular visits, decision‑making).

Evidence that helps. Bring proof of the hook you plan to use: lease agreements, utility bills, travel records, hospital or school records, or communications showing decision‑making about the child while the parent was in or directed activity toward the state. The stronger your evidence, the less likely a jurisdictional fight will derail your case.

Service of process. Even with a hook, you must serve the parent properly under state rules or applicable international service treaties. Use a professional process server for out‑of‑state or international service and keep affidavits of service. If service fails, consider filing in the other parent’s home state instead and registering the resulting order for enforcement where the child lives.

Fair play and due process. Jurisdiction must also be fair. Courts consider whether the parent has enough contacts with the state that exercising jurisdiction is reasonable. A one‑time vacation likely won’t do; years of visits or decision‑making might. If contacts are thin, filing in the home state may be safer.

Strategic choices. Sometimes it’s faster to file in the other parent’s state, even if your state could assert long‑arm jurisdiction. Weigh speed, cost, and the likelihood of employer cooperation. Either way, once a valid order issues, it can be enforced nationwide through registration and direct withholding.

Bottom line. Long‑arm jurisdiction is the doorway to an order when parents live apart. Pick the strongest hook, perfect service, and be ready to prove contacts so your case starts on solid ground.

Disclaimer: Educational information only; not legal advice. Jurisdiction rules vary by state and change over time. Consult a child support attorney.

Real‑world scenario. The child was conceived in State A while both parents lived there. Years later, the alleged father moves to State B and the mother and child to State C. State A can likely assert long‑arm jurisdiction based on conception in the state, but State C might be more convenient today. If you choose State C, you’ll need another hook (e.g., the parent’s regular visits to State C or consent). Consider filing in State B (the parent’s residence) if service and employer cooperation will be easier there. Pick the path that minimizes delay while preserving fairness.

Service checklist. (1) Confirm the target state’s service rules (personal, substitute, mail with acknowledgment); (2) hire a reliable process server; (3) track attempts with dates/times; (4) file the proof of service promptly; (5) if service fails, request alternate service per rule (e.g., email + certified mail) with a sworn declaration of due diligence.