Deciding Child Custody in Different States

The child custody arrangements are often thrown into a sort of tailspin when one parents decides to move to a different state.  For a parent to move a child though, the motion needs to be filed through the court.  The other parent needs to have a certain of time to contest this move.  Permission from the court is needed before one parent can move the child to a different state.

In cases where the parents now live in different states, it can be unclear as to which state has jurisdiction over future legal matters pertaining to the custody of the children.  The Uniform Custody Jurisdiction and Enforcement Act lays out a standardized set of rules for determining which state has jurisdiction over custody matters, this helps to lower confusion with regard to legal standards.

The act works by establishing the idea of a home state.  Under the act this state will usually have jurisdiction in custody issues.  The determination of which to state to make the state is established by where the child resided for the six months prior to the case being brought to court.  The original home state can lose jurisdiction, however, if neither parent or the child live in the state anymore, or if the court determines that the child no longer has a significant connection to that state.

If you are not sure where jurisdiction lies for your situation, contact a professionals that can help you.

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