# How Long Do I Have to Live in Utah Before I Can File for Custody? | Brown Family Law

Say you just got to Utah and you want to file for custody. How long do you have to wait until you can actually file?

This is a great question and it has to do with something called jurisdiction and another thing called venue.

****Jurisdiction****

Jurisdiction is the idea a particular place can make judicial decisions only when it has proper authority over a person or thing. In child custody cases, a state has to have jurisdiction over *the child* to make determinations regarding custody and parent-time.

In Utah, we have a specific law (the Utah Uniform [Child Custody](https://www.brownfamilylaw.com/salt-lake-city-ut/child-custody-lawyer/) and Enforcement Act (UCCJEA)) that answers this “how long” question.

And the answer is ****six months****.

So, under almost all non-emergency circumstances, the UCCJEA says a child has to live in Utah for ****at least six months****before you can file for custody. (In case you wondered the exact number of days before you can file, I’ve always seen judges accept ****180****).

****Venue****

Venue is the idea that a particular county within a jurisdiction can hear a case.

What this means is if you live in Salt Lake County, you have to file in Salt Lake County because you are a resident of Salt Lake County. You can’t file in Juab Count unless you live there for a period of time before filing.

To get venue in a Utah county, you have to live there for ****at least three months (90 days) before you file your custody case****.

****Recap****

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So, for Utah to have ****jurisdiction**** over your child, he or she needs to have lived in Utah for ****at least 6 months**** before filing a child custody case. For proper ****venue****, you have to live in a Utah county for ****at least three months**** before filing.

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Source: https://www.brownfamilylaw.com/faqs/how-long-do-i-have-to-live-in-utah-before-i-can-file-for-custody/
