The Legal Challenges Of Interstate Custody Disputes

Quick Answer:

Interstate child custody cases involve major legal hurdles when parents live in different states. The primary challenge centers on court authority. Parties must first determine which state holds the power to make or change custody orders. Furthermore, these cases create massive logistical issues. Parents must constantly manage long-distance travel and schedule details across state lines. Finally, courts must find ways to enforce existing custody rules when a parent lives in a completely different state.

Navigating custody in the event of divorce can be complex. Along with the emotional stress that each member of the family experiences there are legal and financial stresses that most people find overwhelming.

Basic custody issues can involve evaluations, parenting plans, mediation and enforcement of court orders. If one parent must relocate out of their home state after divorce this can complicate things further in regards to child visitation or other custody concerns.

Interstate Child Custody And Relocation

United States family law is state-based meaning each state has its own laws and procedures. Determining jurisdiction in interstate custody disputes is the first hurdle that will need to be addressed.

Because child custody issues are fraught with complications and sometimes danger, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was adopted in forty-nine states to help simplify these matters for the courts.

Only Massachusetts has yet to fully adopt the UCCJEA but has introduced the Act. The UCCJEA helps keep one state in charge of such things as creating and modifying custody orders, ensuring only one set of orders exists, and enforcement of custody orders.

The UCCJEA also coordinates with the Parental Kidnapping Prevention Act (PKPA).

Rules Of Jurisdictional Determination

A court determines jurisdiction after several considerations. The first consideration is where the child has lived for the last consecutive six-months.

What does a court do when the child has recently relocated and has not resided in a state for six consecutive months?

This is one of the factors that can affect jurisdiction. There can be delays in custody proceedings as well as contention between filing parties when situations are not clearly defined.

Courts use a “Significant Connection” test to determine jurisdiction when no home state exists. This test helps the court establish the correct legal venue.

A state can claim jurisdiction if clear evidence proves the child has a strong bond there. Examples include a close relationship with local grandparents or enrollment in a local school or training program. Other major life factors can also prove this connection and protect the child under that state’s laws.

Sometimes a parent puts a child in immediate danger. If the current home state lacks jurisdiction, the state where the child is physically located steps in. This local state assumes emergency jurisdiction immediately and creates a temporary emergency order to protect the child.

This order must include a frame of time where the custodial and non-custodial parents can coordinate with the state of jurisdiction to address the issue of emergency. The emergency order will remain in effect until it expires or the jurisdictional court has issued an order.

Relocation And Court Filings

If one parent decides to relocate and the other parent disagrees with the removal of their child from the area in which they live, there will need to be a court filing and a hearing in order to determine what is in the best interest of the children.

The parent who has physical custody of their child and is the one initiating this interstate relocation must file a notice with the court of their intention to relocate.

This court filing must also be served to the non-custodial parent. This allows the non-custodial parent the right to object and request a hearing to stop the relocation or provide their consent in writing.

If one parent disagrees with the relocation of their child, the court will consider factors such as the distance of the relocation, the reason, how the non-custodial parent will be impacted, and the relationship between the child and their non-custodial parent. The court will decide if it is in the child’s best interest to relocate.

One or both of the parents involved in interstate custody disputes can find it hard to manage the rules and restrictions placed on them through the court. Either party can request a hearing with the court for modification of restrictions. Some parents may even accidentally violate restrictions in interstate custody cases.

Hearings with the court keep disagreements and violations from getting out of control. The court can mediate for a mutual agreement and modify agreements that are no longer working for the best interest of the child or the parents.

Parental Disagreements And Family Impact

People often disagree over components of their divorce, and when children are involved, the elements of disagreement increase. Issues such as religious beliefs, school choices, medical care, visitation, and child support add tremendous stress and contention between parties.

Many families seek out a divorce lawyer during a divorce, especially when there are children involved. Everyone struggles with stress during divorce situations, and children are often the ones who feel they are losing the most.

Foremost, they are separating from one of their parents whom they love. They may be moving houses, schools, grandparents, and friendships. Physical distances can be disruptive to all parties involved.

Interstate custody disputes bring financial and logistical hardships for one or both of the parental parties. Coordinating visitation, cost of travel, and navigating school breaks and holidays are just a few of the hurdles that can be complicated, especially when one parent refuses to cooperate or adopt a parental plan.

Refusing To Comply With The Court Order In Interstate Child Custody

Sometimes a parent refuses to comply with a court order stated in the custody agreement. In some cases, they may be unable to comply due to circumstances.

To enforce a custody order, the custodial parent must register the order with the target enforcement court. This crucial step allows the new court to enforce the existing order.

For example, a non-custodial parent might violate an agreement while living in Utah. In this scenario, the custodial parent registers the order directly with a Utah court. Utah can then legally enforce that specific custody order.

Next, the court gives notice of the registered complaint to the non-compliant parent. This notice grants the non-compliant parent a specific window of time to contest the registration.

Once you register your non-compliance complaint, the process shifts. The new state then treats the out-of-state order exactly like its own local order.

Life changes, and parents must sometimes modify court orders. Only the original state of jurisdiction can modify the child custody agreement. This state created the original order.

However, a different state can modify agreements and orders in specific cases. For example, the original court might determine that another state is a more convenient forum. That new court then takes over the case.

It is easy to see how complex and stressful the legal challenges of interstate custody disputes can be and why consulting an experienced divorce lawyer like those at Davis & Associates may be in the best interest of your situation.