Interstate Child Custody Rights
Child custody situations can be very complicated–especially if the parents live in separate states, or if a parent wants to move to a different state after separation. What are a parent’s child custody rights in these cases? How can the custody issues be worked out?
In this post we’ll look at a situation where the parents of the child live in different states. This also applies to the cases where a mother or father quickly moves to a different state (with or without the child) to try and get around the custody rulings in their home state.
First, parents should realize that once a custody case has been opened–meaning custody papers have been filed and the case is still going on in the court–the parents are not allowed to move with the child. If a mother or father takes the child out of state at this time it is kidnapping. If you are fearful that the other parent will take the child and move, you must act immediately to obtain a temporary child custody order. This will make it easier for the law enforcement to find the other parent should the need arise.
Now, to help regulate custody issues between the state, every state has adopted the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). This act governs insterstate child custody cases. To fine a complete copy of the act, visit this site: http://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf
Basically, this act specifies when states have jurisdiction over a custody case. Some of the main points include: a custody case must be held in the state court where the child has lived for at least six months, if a custody case is pending in one state another case can’t be started in another state, and the state where the initial case was settled will decide about modifications. This means that a parent can’t move around with the child hoping to get a different court to give a different ruling about custody. The case must go to the court where the child lives and once the case is opened it stays at that court. So, if a mother and father live in different states, they have the custody right to know that their custody case will be handled in the court in the state where the child has been living for the last six months. If the child hasn’t lived in a single place for the last six months, the courts will look at where the child is most at home (some of the factors that indicate a child’s home are if there is a lot of extended family in the area, the child has spent a lot of time growing up in one place, etc).
Along with the UCCJEA, states have accepted the Federal Parental Kidnapping Prevention Act (the PKPA). This act requires that states enforce custody agreements that come from another state and that a state not exercise jurisdiction over a custody case if another state claims jurisdiction. This is another law that helps child custody cases be heard in the proper place.
In the next post we’ll look at what parents should do if they need to relocate to a different state when they have a custody order.
