If the state of Ohio granted custody to a birthparent who lives in West Virginia, after the child spent 2 years in foster care, and has since divorced and abandoned this child to a stepparent, which state now has jurisdiction over the custody of this child?? The former foster parents want to file for custody of this child as they have maintained a very close relationship with the child even though the stepparent wants custody also. The birthparent has a long violent criminal history, which the CPS agency in Ohio neglected to check into before sending this child out of state, and apparently had a psychological evaluation done and was found to function as a 9 year old child himself. I know that normally a birthparent can choose who their child lives with however under these circumstances it would appear that this particular birthparent does not have the mental capacity to make such a serious decision that would affect this child for the rest of her life and the court should do that for him. The question is, which state has jurisdiction? Ohio, the court that ordered the original custody order to the birthparent or West Virginia, the court that is the "home state" to this child since she has lived there for the past 2 years?? PLEASE HELP!!