separate state parents custody battle where get lawyer

If you are trying to determine which custody arrangements might be the best for your family, or how the judge might make determinations in a custody battle, call the Law Office of Julie Johnson, PLLC, serving Dallas and surrounding areas. Contact us today at (214) 290-8001 for a consultation. Family Law PodcastsListen to Our Attorneys Discuss

Full Answer

Can a parent file a custody action in a different state?

There are typically two reasons why one parent who has a child living in one state may make the decision to relocate to another state (either with or without the child). 1) Opportunities. When parents divide, they begin a new journey in life. Oftentimes, parents are making a transition from living together in one household to living in two ...

What to do if you’re going through a child custody battle?

Oct 29, 2016 · If you and your spouse have separated and live in different states, you may each want to file for custody in your current state of residence–but you can't. Nearly every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the Act, parents can only file a custody action in a child’s home state. The “home state”—which refers …

Where can a child custody case be heard?

Jul 03, 2021 · If you are facing a child custody issue or child custody battle and need a competent and affordable child custody lawyer in Jacksonville, call Attorney Adam Sacks for a free consultation at (904) 396-5557 or contact us.

How can a father’s lawyer help me in my child custody case?

Oct 18, 2021 · Key Fact. The only place where a child custody case can be heard is the child’s “home state” – usually, the state where they have lived for at least six months leading up to the beginning of the case. Jurisdiction will lie in the child’s home state, or in a state where the child has resided for the six months prior to the filing of ...

What happens if a non-custodial parent doesn't pay child support?

Myth #7: If the non-custodial parent doesn’t pay child support, the custodial parent loses their custody rights. This isn’t true, as it is entirely up to the court to decide how much the non-custodial parent must pay in order for them to have equal custody rights (or any at all).

What is the myth of child custody?

The Myths of Child Custody: Myth #1: The best parent is the one who most wants the child. This isn’t always true, as there are times when it is better to have two parents that don’t want to be with each other, but rather than fight they work together for their children’s sake.

What to do when you have a child custody battle with your ex?

The first and most important thing to do if you’re going through a child custody battle with your ex is knowing why you’re fighting for custody in the first place. There are a lot of people out there who want, or need, to win their child custody cases, but don’t know exactly what they’re fighting for. If this sounds like you, you might want ...

What to teach kids during custody battle?

There are a lot of things that can go wrong if you’re going through a custody battle, but there are plenty of ways to use this as an opportunity to teach your kids valuable life lessons. This, in turn, will teach them to treat their children with kindness and respect even when they’re going through a bad period.

What to consider when trying to win custody battle?

The other thing you need to take into consideration when trying to win your child custody battle is what your ex is going to do. It doesn’t matter how reasonable and level-headed you are, if they decide to fight dirty then you’re almost guaranteed to lose your case.

What to do if you are late to court?

If you’re late, don’t show up, or don’t let your ex know where/when/for how long your taking the kids then there’s going to be an issue.

Which state has the worst child support laws?

The state you live in or move to could decide the custody battle for you, whether it’s good or bad. Pennsylvania has some of the most stable law regarding child support and custody battles and California (yes, it is true) has one of the worst laws in this regard. A child support case can take years to settle out there!

2. How to Win a Custody Battle (with Pictures) – wikiHow

23 steps1.Figure out where you are in the case. This article assumes you have already filed for custody and attended any court-ordered mediation. If you haven’t, then 2.Identify areas of disagreement. You should also find out why the other parent is fighting you.

4. Is It Possible To Win a Child Custody Battle Without a Lawyer?

Jul 19, 2013 — Make a short summary to be read aloud in the court, favoring your case. Mark all the important key points for you to remember. Reach on time to (9) …

6. Custody Battle: 10 Things That Can Sabotage Your Case

As an attorney, making sure clients avoid these missteps is vital in figuring out how to win child custody for fathers. It is often an uphill climb due to (17) …

7. Top 7 Child Custody Strategies in Tennessee Divorce

How to Win Child Custody in a Tennessee Divorce. Best Tennessee custody and divorce strategies and strategic advice from Memphis divorce attorney Miles (21) …

8. 6 Tips to Win a Child Custody Battle – Attorney at Law Magazine

Mar 24, 2021 — This should go without saying, but sadly, a lot of parents lose sight of the most important thing: your child’s best interest. Here’s why: (24) …

9. What can be used against you in a child custody battle

Jun 11, 2020 — Divorce can be quite the draining process, without the added stress of trying to navigate it with children involved. However, regardless of the (27) …

10. How To Win A Custody Battle

How To Win A Custody Battle – Can You Win Custody Battle Without a Lawyer? Fathers who want to win a child custody battle must have the facts that (29) …

What happens when a court is not a child's home state?

A court in a state that is not a child’s home state may also chose to exercise jurisdiction over a child custody matter in cases of emergency, such as when the child’s well-being is in danger, or a parent is no longer able to take care of a child. In cases of emergency, any custody order issued by a state other than the child’s home state will be ...

What is the UCCJEA?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which was drafted in 1997, has been accepted by 49 states and sets forth parameters regarding interstate custody. The UCCJEA has not been accepted by Massachusetts. Under the UCCJEA, the most important factor in determining which state has jurisdiction over the matter is where ...

How long do you have to live in a state to file for custody?

Any parent seeking custody must also reside in the state in which the custody action is filed for six months prior to filing the action. If the child has not resided in any one state for the six months prior to the filing of a custody action, the court will analyze whether the child and one of the parents have a strong connection to one state ...

What happens if you file for custody in a state court?

Lastly, if one parent is attempting to unjustly file a custody action in a state court, that court must decline to exercise jurisdiction. For example, if one parent removed a child from one state without notice to ...

Where can a child custody case be heard?

The only place where a child custody case can be heard is the child’s “home state” – usually, the state where they have lived for at least six months leading up to the beginning of the case. Jurisdiction will lie in the child’s home state, or in a state where the child has resided for the six months prior to the filing of the action.

Can a parent move out of state?

If either parent seeks to move a child out of state and there is an existing custody order, the parent must seek leave of court. Generally, a court will not allow a parent to relocate a child in a manner that will affect the other parent’s right to custody, unless it is determined to be in the best interest of the child. In some cases, such as where one parent wants to move out of state due to better educational or medical resources for a child, the court might grant the right to relocation. If a parent wants to move solely due to personal or professional reasons, however, the court may find it is not in the best interest of the child and deny the relocation.

Can you have custody of a child if you live in the same state?

If the parents lived in the same state at the time a custody action was filed, the court where the action was originally filed will retain jurisdiction over the case. When the parents of a child live in separate states, attempting to determine custody of the child may seem overwhelming. Fortunately, there are statutes that outline how ...

What are the two forms of alienation of affection that get dads into trouble?

The two most common forms of alienation of affection that get dads into trouble are: criticizing mom around the kids and keeping the children from mom in any way.

What happens if you ignore an order of support?

If the court enters an order of support and you choose to ignore it, that is considered contempt of court. If the judge makes a finding that you are in contempt, you may be fined or even jailed for such behavior.

What does it mean when you yell at your wife?

When you yell at your wife or your children it often gives the appearance that you are being abusive or bullying them.

What happens when a mother keeps her child from her father?

On the other hand, when the mother keeps the child from the father, parental alienation can occur, and that has serious ramifications. 2. Yell at wife and/or children.

What to expect from your mother during custody battle?

In particular, expect your children’s mother to point out all negative behavior during your custody battle. If you behave as though the judge were standing next to you each time you interact with the children or their mother, you will certainly avoid the pitfalls that will reduce your custody chances.

How to determine how not to behave during custody battle?

To determine how not to behave during your custody battle, it is helpful to review the criteria used by the judge (“court”) to determine appropriate placement of the children. The court is charged with the responsibility of evaluating the situation to determine what placement and parenting time is in the child’s best interest.

What happens during difficult times?

These difficult times often cause a person to act or react irrationally and in ways that detrimentally affect his or her case. You should be aware prior to court proceedings that the court will evaluate your behavior in its entirety throughout the proceedings and always behave accordingly.

How much time should you parent a child after separation?

If you parented the child 25% of the time prior to separation, and you now each parent the child 50% of the time after separation, you are setting a good precedent to continue parenting 50% of time, unless either party can show that it is not in the child’s best interests.

What happens if you don't give notice to your parents to move?

If you don’t give the appropriate notice and the other parent objects to the move, it is possible a judicial officer may tell you that the child needs to move back to the school district they were in – which could mean you moving back , or the objecting parent becoming the primary parent.

What is a parenting schedule?

People have different work schedules, school schedules, sports schedules, needs, hobbies, religious preferences, cultural holidays, family events, traditions, vacations, etc. A parenting schedule is meant to cover every day of your child’s life until your child turns 18. If something ends up not working out, you won’t be able to do anything about it without an agreement between the parties or a court order. That being said, it might be a good idea to think about your family dynamics prior to submitting a formal parenting schedule to the court.

What happens when parents disagree?

When parents disagree or can’t get along, they might try to do things that increase their chances of getting their child for the amount of time they want. Most parents try to do what they think is best for their children, but there is sometimes a disconnect between what a parent thinks is right, and what a judicial officer thinks is right. ...

What does the court look at when deciding custody?

When deciding custody and visitation, the judicial officer does look at who the child has been with prior to the court date, but not to the exclusion of everything else.

What happens if you talk to your parents?

Talking to your child could result in concerns of parental alienation, and could affect the amount of time you get with your child.

What to do if something is not working out?

If something ends up not working out, you won’t be able to do anything about it without an agreement between the parties or a court order. That being said, it might be a good idea to think about your family dynamics prior to submitting a formal parenting schedule to the court.

What is the home state of a child?

The basic premise of the Uniform Child Custody Jurisdiction Act is that the “Home State” of a child is the State in which a child has resided continuously for a period of six (6) months or more. The “Home State” is the State where custody and visitation issues should be filed and litigated.

What is the purpose of the Uniform Child Custody Jurisdiction Enforcement Act?

The Uniform Child Custody Jurisdiction Enforcement Act was created, so that states would have guidance as to superiority and jurisdiction. The basic premise of the Uniform Child Custody Jurisdiction Act is that the “Home State” of a child is the State in which a child has resided continuously for a period of six (6) months or more. ...

Why is it important to hire an attorney for child custody?

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. ...

How long can a child live in a state?

There also is the possibility that a child has not resided in any State for six (6) months or more. In that case, a pleading can be filed in the State where the child has been living continuously. In several cases, parties file their cases in two different states at the same time.

Is it necessary to file a pleading in the state where the child is located?

In Emergency situations, it is sometimes necessary for the filing of a pleading in the state where the child is located, even if that child is not necessarily the “Home State” of the child.

1. Do everything you can to settle out of court

Going all the way to trial in a custody battle is exhausting and expensive. Plus, you never know what a judge is going to do.

2. Consult with experts before you start a war

Don’t even think about waging a custody war on your own! This is not Court TV. The stakes are high and the fight is long and complicated. Do not try to do this on your own.

3. Dial down the drama

When parents fight, children suffer. I have seen well-adjusted, straight “A” students start flunking out and doing drugs after their parents started fighting over them in court.

4. Do your best to be objective

Is the custody that you are fighting for (whether that is joint custody or sole custody) really going to be best for your kids? Is there any way you can compromise without putting your children in the middle of a war?

5. If you are going to fight, do it for the right reasons

Protecting your kids from an abusive parent is a good reason to engage in a custody battle. Fighting about custody to gain leverage over your spouse in the money issues of your divorce is not.

6. Control Yourself

While you are going through a custody battle, you will be living your life under a microscope. Everything you do can potentially make a difference in your case.

7. Support your kids

No matter what is going on in court, you have an obligation to support your children. Period. Full stop.

What does a family law judge do?

Family law judges will always do what is in the best interests of your child. If you or your spouse suffers from a serious mental illness that could affect the treatment or safety of your child, then it certainly could become a factor in what a judge decides and how your parenting plan is ultimately formulated.

What happens if you stop treatment?

If you discontinue treatment and attempt to cover up your illness, it could ruin your future custody rights. Always be honest with the family law judge about your limitations to ensure the best decisions are made for your children.

How to talk to a lawyer about child custody in Washington State?

If you want to learn more about your child custody case, talk to a Washington State child custody lawyer about your situation. Simply call 425-460-0550 or fill out our online form for answers to your questions.

Is mental illness a factor in divorce in Washington State?

While it is often a subject that goes unmentioned or even hidden, mental illness can become a significant factor in determining child custody and visitation schedules in Washington state divorces.

Where is Molly B. Kenny located?

Molly B. Kenny's Bellevue family law office is conveniently located on Lake Bellevue Drive , making it easily accessible to those in the greater Seattle area. Our divorce and child custody lawyers help men and women get the information, guidance, and compassionate representation they need.

Can depression affect custody?

Many parents with depression can manage their symptoms with therapy and medication to go on to live full, healthy lives. If your illness is well managed, then you typically do not have to worry about it negatively affecting your custody case. Learn more about how depression can affect your child custody case.

Can an ex-spouse be a judge?

If you believe that your ex-spouse's mental illness would have a negative effect on his or her parenting abilities, you should bring it to the judge's attention. However, it is best to allow your ex-spouse to do so first and then mention the illness if he or she fails to do so during the hearing.