custody lawyer when parents live in different states

It is important to hire an attorney familiar with the Uniform Child Custody Jurisdiction Enforcement Act, when a case involves parents in different states involving custody and visitation issues. In custody and visitation issues there are often parents that live in two different states and it is important for parents to determine Court actions.

Full Answer

Can a custodial parent move a child out of State?

When a parent has sole custody of a child, she has the right to move out of state without court approval. However, the non-custodial parent can file a petition to block the move with the court if he can show the move will negatively affect the child.

What is a sole custody agreement?

Gigi Hadid is “demanding sole custody” of her and Zayn Malik’s daughter ... “Zayn’s hoping that he and Gigi will come to some form of agreement without a legal battle,” the insider adds. “But if push comes to shove, he’ll bring down ...

How does an out-of-state custody agreement work?

An out-of-state custody arrangement includes the same topics as a standard custody arrangement:

• Legal and physical custody: How custody will be divided between you and the other parent
• A parenting time schedule: When the out-of-state parent will visit the children and when the children will travel to the parent
• Co-parenting provisions: Rules in parenting areas like discipline and communication

More items...

What does sharing custody mean?

Shared physical custody means a child lives with each parent for an equal amount of time. Shared legal custody means that the parents share the legal rights and responsibilities for making major decisions that affect the child. Shared custody--both legal and physical--is a relatively recent phenomenon. For years, mothers were favored in custody battles.

Can parents live in different states?

While joint custody is possible when parents live in different states, judges are unlikely to order joint physical custody because it's not always feasible. Judges do not like to order children to be uprooted from one state to the other for relatively short periods of time.

How do people Coparent live in different states?

You can stay connected with them this way too.FaceTime and/or Skype. Many long-distance parents find FaceTime or Skype to be a helpful, enjoyable way to stay in touch with their children. ... Texts and Emails. ... Online Shared Calendars.

Who has custody of a child if there is no court order in California?

both parentsWhen there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.

How far can a parent move with joint custody in Kentucky?

Parents are always free to move on their own whenever they want, but when a parent wants to move a child out of Kentucky or more than 100 miles from their present residence, they must give written notice to the other parent at least 60 days prior to the move.

Can Long-Distance Co-parenting work?

With less room for error due to the need to plan well in advance, long-distance parent-child relationships require co-parents to work together to foster strong relationships, regardless of any interpersonal conflict. For the custodial parent, this means keeping the long-distance parent apprised of day-to-day details.

How do I co parent long-distance?

7 Long-Distance Parenting Techniques to Help Children Thrive#1: Set Up a Schedule for Phone Calls. ... #2: Provide Unconditional Emotional Safety. ... #3: Sync Calendars With Your Co-Parent. ... #4: Agree to a Visitation Schedule You Can Follow. ... #5: Respect Everyone's Privacy. ... #6: Surprise Your Kids in Fun Ways.More items...•

What are the 3 types of custody?

There are three forms of joint custody, which are:Physical joint custody. When the child spends significant amounts of time with both parents.Legal joint custody. Where both parents make decisions over a child's upbringing.Joint physical and legal custody.

What do judges look for in child custody cases?

Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.

Can a mother stop a father from seeing his child?

A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.

How do you win a relocation custody case?

5 STEPS TO A SUCCESSFUL RELOCATIONStep 1: Contact a family lawyer in advance of your decision to relocate. ... Step 2: Prepare a detailed pros and cons list. ... Step 3: Gather as much evidence as possible supporting your pros and cons list. ... Step 4: Prepare a solid parenting plan.More items...

What age can a child decide which parent to live with?

In special circumstances, a court may consider a child as young as 10 years old sufficiently mature enough to meaningfully contribute to decisions about her welfare. The over-riding factor is the best interests of the Child.

At what age can a child refuse to see a parent?

Age 18Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.

Child custody between states: where do I file for child custody?

Parents can agree to have joint custody when they live in different states and create a parenting plan to reflect this agreement.

Jurisdiction and continuing jurisdiction

Only one state will have jurisdiction over the custody arrangements where parents live in different states.

Modification of custody determination

Modifying the process of determining who gets custody of the child can only be done at the court where it started. A court of another state does not have the authority to alter this initial process. However, a transfer of court authority can occur when the state with the initial power relinquishes its jurisdiction to another state.

Emergency Orders

A temporary emergency order can be sought in a state which otherwise doesn’t have jurisdiction if the child is in danger or needs immediate protection.

Creating interstate child custody agreements, parenting plans, and visitation schedules

After determining which state has jurisdiction over your custody arrangements, you and the other parent can prepare your parenting plan and visitation schedule.

Relocating after a plan is in place

When a family has a parenting plan in place, but one parent moves to a long-distance or new state, the parents must make a long-distance plan.

Summary

Filing for child custody is relatively straightforward and is based on where the child has been living for the six months before custody proceedings.

How long do you have to live with your parent to decide if it is your home state?

The child must have lived with the parent in that state for at least six months. The connections your child has with other people in the state will also determine if it is his or her home.

What happens if a parent doesn't have jurisdiction over the parent?

If the court doesn’t have jurisdiction over the parent, but he or she voluntarily agrees to a switch, the court will claim jurisdiction.

What is the UCCJA?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA) dictates how courts handle custody decisions when the parents live in two different states. The Act gives courts the authority to determine which state is considered the child’s home state.

What determines if a child is a home state?

The connections your child has with other people in the state will also determine if it is his or her home. For example, relationships can include teachers, grandparents, friends, doctors, and other people. If the child lives in a certain state due to safety reasons, it can be considered his or her home state.

Why is it important to choose the state that hears child support cases?

Choosing the state that will hear the support case is important because support amounts are determined by state laws, which can vary. For example, California follows an “Income Shares Model” when it comes to determining how much child support is paid.

Can you get custody of your children after divorce?

Child custody after divorce can be complicated, and that is especially true if you and your former spouse are living in different states. Not only do you decide how your children will spend time with each of you, you must decide how support payments will be paid and how much will be paid.

Can a court issue a custody judgment in one state?

If a state cannot meet any of these requirements, its courts will not be able to issue a custody judgment. A judgment can only be made in one state, and once the decision is made, no other state can modify the judgment. Once the home state is determined, your custody hearings will take place in that state as they normally would if both parents ...

How to promote contact between a child and a non-custodial parent?

Another way to promote contact between a child and out-of-state non-custodial parent is to allow the child to exchange unlimited correspondence with the parent, as well as daily phone calls at reasonable times in the child's routine and schedule.

What holidays are included in a visitation?

Visitation might encompass school breaks during fall and spring, Christmas break, and extended stays during summer. Holidays such as Thanksgiving and Easter may be thrown in the mix, as well as Mother's Day and Father's Day, each parent's birthday, and the child's birthday. In many long-distance situations, arrangements are made for ...

How old do you have to be to fly with an adult?

For most airlines, that requisite age is five; otherwise, an adult must accompany the child on flights. When an adult airline ticket is involved, transportation costs increase substantially, and parents should address the apportionment of that cost in advance, if possible.

Do people move after divorce?

In today's society, people are mobile and tend to move often. Spouses relocating after divorce is commonplace. As a result, visitation issues across long distances (and state lines) frequently arise. Often, a typical parenting plan and visitation schedule is not suitable in long-distance situations when each parent resides in a different state.

Do you need a visitation plan for a parent living in separate states?

When considering child visitation plans for parents living in separate states, it is important to stay flexible and communicate openly. No single plan will fit all circumstances but, as long as the parents commit to having a plan, the details can be more easily arranged.

Can a child fly with a non-custodial parent?

In these instances, flying might be the only viable alternative for a child's travel to visits with the non-custodial parent. In order for a child to fly, that child must meet a minimum age requirement for independent travel. For most airlines, that requisite age is five; otherwise, an adult must accompany the child on flights.

Can a child drive from one parent to another?

When spouses reside sufficiently close to one another, they may be able to drive a child from one parent's home to the other's for visits. However, driving often is not practical if the visit is short-term and the parents' homes are located hours apart from one another in states that are not adjoining or located close together. In these instances, flying might be the only viable alternative for a child's travel to visits with the non-custodial parent. In order for a child to fly, that child must meet a minimum age requirement for independent travel. For most airlines, that requisite age is five; otherwise, an adult must accompany the child on flights. When an adult airline ticket is involved, transportation costs increase substantially, and parents should address the apportionment of that cost in advance, if possible.

How do children get security?

According to Psychology Today, children under nine years old typically obtain their security by close contact with and overall reliance on parents. During these years, they may benefit most by having frequent contact with both parents — an impossibility when distance becomes an issue.

Why is it important for adolescents to stay in one location?

Many adolescents may benefit by remaining in one location over an extended period to form and support important social relationships.

Can you share custody in Florida?

While Florida courts typically discou rage parents from sharing physical custody while living in different states, children can do well with a good parenting plan in place. A major concern of long-distance parenting involves the different needs between young children and adolescents.

Can parents predict how each child will respond to a dramatic life change?

Parents can best predict how each child is likely to respond to this type of dramatic life change. In addition, experienced family attorneys have seen enough similar situations to formulate creative solutions that can address parental concerns.

Child Custody Between States: Where Do I File For Child Custody?

See more on divorceandfinance.org

Jurisdiction and Continuing Jurisdiction

Modification of Custody Determination

Emergency Orders

Relocating After A Plan Is in Place

Summary