How Does Child Custody Work When Parents Live In Different States

Creating a parenting plan across multiple states? Here are some things to consider.

When couples with children separate, perhaps the most critical element of these negotiations is the parenting plan. 

The custody arrangement, parenting time, child support — these are all things that must be considered, negotiated, and resolved in order for all parties to move on into the next phase of their lives. 

In the court’s eyes, answering the question, “What is in the best interest of the child?” is the guiding principle.

Even under the most basic circumstances, these negotiations around custody, parenting time, and child support can be difficult to navigate, so the addition of more unusual factors can sometimes make the process even trickier to work through. 

So, what do parents who are living (or who are planning to live) in different states do when it comes to child custody and parenting time arrangements? Let’s learn more.  

One state will have jurisdiction over custody arrangements.

It should come as no surprise that child custody laws might be slightly different from state to state, which naturally could make things very difficult for parents seeking resolution on a custody arrangement. 

This is why one state is chosen to have jurisdiction over the custody agreement. This should make the guidelines clearer and easier to adhere to for all involved parties. 

Typically, this will include creating and deciding on a parenting plan, as well as the details of the long-distance planning, which will outline details about travel, financial responsibilities related to that travel, and other details existing outside of the standard parenting plan.

How is the home state chosen where these decisions are made? The initial jurisdiction is based on where a minor child has resided for the 6 months prior to the filing of a case.  This is considered the child’s “home state” and the child’s home state is most generally the only state where child custody cases can be heard.  

The child’s home state will remain consistent over the entire course of the case unless the parents and the child move to another state, or it is determined that a different state is the more appropriate location for the child’s custody arrangement to be modified.

Can a non-home state ever gain jurisdiction over child custody?

After an initial custody decision is made, the state issuing the decision has what is called continuing, exclusive jurisdiction to hear future matters.  In rare instances, there are examples where states outside of the child’s home state have overseen child custody cases.

Decisions can also be made in state’s outside of the child’s state in cases of emergency, where the parent for unforeseen circumstances is no longer able to take care of their child, or in instances where the child is determined to be in danger. 

However, these emergency decisions are usually temporary, with the home state eventually reinstating its jurisdiction after the temporary decision has been resolved. 

Another, less utilized method of having a case heard outside of the child’s home state is if a party can prove that the state with jurisdiction is an “inconvenient forum” for the parent, and must produce evidence of financial hardship, a certain level of difficulty related to the home state’s location, and other factors the court must weigh.

There are situations where a parent might remove a child from their home state without permission from the other parent, and attempt to file for custody in that new state. This is what’s called an unjust filing, and that state must decline its jurisdiction.

Much of this is outlined in what is called the Uniform Child Custody Jurisdiction and Enforcement Act.

What is the Uniform Child Custody Jurisdiction and Enforcement Act?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an act designed to protect a child’s best interests while intending to make the interstate custody process clearer for courts and the negotiating parents involved by setting criteria for determining the most appropriate state court to have jurisdiction over custody-related decisions. 

The act outlines the following criteria as a way of determining which state is a child’s home state:

• The child has lived in the state for at least 6 months, or the child had lived in the state until a parent recently moved them.

• The child has significant connections with people in the state, like relatives, friends and teachers.

• The child is in the state because there is fear of abuse, neglect or abandonment if in a different state.

If more than one state can meet one or more of the above criteria in a child custody proceeding, then the state where the original custody arrangement was determined will typically remain that child’s home state and will hold jurisdiction over future determinations.

Need to learn more about interstate child custody and parenting plans? Contact DBMA Family Law! Our team can help provide you counsel that is strong, strategic, seasoned, and centered on doing what’s best for your child. Contact us today!