Interstate Child Custody
Nov 19, 2018
When a couple with children divorces, one of the most complex issues is child custody. While this is a difficult issue when both parents live near one another, it becomes more complicated when one moves to another state. In these cases, numerous laws govern how these situations must be handled by the courts. Due to the impact these types of divorce can have on families, it is best to know the facts early on. Therefore, if you are facing interstate child custody issues, here are four facts you should know.
State and Federal Laws Govern These Cases
In these cases, the Uniform Child Custody Jurisdiction and Enforcement Act governs child custody cases across state lines. However, remember it only deals with child custody and visitation, not child support or other related issues. Since multiple laws apply in these cases, always consult a New York City divorce attorney when faced with issues involving child custody.
Courts Must Give Proper Notice to Affected Parties
Before making a custody ruling, courts generally must provide proper notice to both parties, usually through a summons or other legal notice. This helps establish the court’s jurisdiction over the parties. Given the importance of proper notice, consult a New York City family lawyer to ensure you receive and understand all required notices.
Judges Must Confer
If questions arise, judges from both states are required to communicate with one another and include both parties in those discussions. If this occurs, have your New York City divorce attorney present during these proceedings.
Courts Can Decline Jurisdiction
In certain situations, a court may decline jurisdiction over an interstate child custody case. This may occur when one or both parties have engaged in misconduct or when the parties have moved far enough away that maintaining the current jurisdiction is unreasonable.
Contact a New York City divorce lawyer at Levitsky Law Firm** if you are facing interstate child custody issues. We can help you understand your options and next steps.**