Custody Disputes with Parents living in Different States

By: Christopher Casserly, Esquire

Even in the most basic cases, child custody disputes are intricate and stressful for families going through divorce.  Each state has their own custody guidelines that they use to try and arrive at which custodial arrangement will best serve the children’s best interest.  But what about those custody disputes that deal with parents in different states?  Whose rules govern?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was drafted in 1997 in an effort to establish stability and uniformity in interstate custodial disputes.  Understanding how the UCCJEA is applied will help parties to a custody dispute inform themselves on which set of custody statutes will be applied in their case.

Under the UCCJEA, jurisdiction is based on the “home state” of the children.  The best way of identifying a child’s home state is to go by which state the child has lived in for the last six consecutive months.  Once a child has lived in a given state for six months, that state has may assert jurisdiction.  If another state has already made a ruling regarding the child’s custody, then the initial state will can relinquish their jurisdiction to the new state, who may then make determinations in custody going forward.

If you have recently relocated from one state to another, or are planning to do so, it’s important that you consult with an attorney about the custody implications that go along with relocation from state to state.

To Schedule an Appointment with one of our attorney’s or for further information, call us at LaMonaca Law, at (610) 892-3877.