If you cannot reach agreement on custody or visiting rights, you will probably go to a court. In many long-distance situations, arrangements are made for the child to spend alternating holidays with each parent. When the parents of a child live in separate states, attempting to determine custody of the child may seem overwhelming. Where to file your child custody case depends on where you live since most states require child custody cases to be filed in the county or parish where the child resides. The North Carolina Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") governs when NC has jurisdiction to decide particular child custody issues. Where one parent has sole custody, the other parent normally has the right to spend time with the child (access or visitation rights). Contact us today. Long distance schedules differ from other schedules in that they usually place the child with one parent for most of the time and with the distanced parent for extended visits throughout the year. The parent with sole custody usually also has primary care and control of the child, that is, the child lives with that parent. 50/50, 60/40). The laws that discuss these issues in Alberta are The Divorce Act and The Family Law Act. Going through a divorce is both financially and emotionally taxing, and with a child involved, the complexity of divorce and custody battles can skyrocket. If you are struggling with custody or visitation rights to your child over state lines, contact the Bel Air attorneys at Rodier Family Law today. The child may spend equal time with each parent. Expenses. However, in the parenting plan, one parent may have been designated the "custodial parent". Custody arrangements are more complicated when parents live in different cities. If a valid custody or visitation decree has been entered in one state, the Parental Kidnapping Prevention Act requires that another state must enforce the decree and must not modify it. Child Custody Orders Difficult When Parents Live in Different Countries On behalf of Todd Shapiro of The Shapiro Law Firm posted in Child Custody on Tuesday, August 21, 2012. However, the courts will usually grant a right of access to the unmarried father so that he can have regular contact with his child. But there are rules parents should keep in mind before moving. It will designate which parent has physical custody (where child lives) and legal custody (right to make decisions on child’s behalf) and set forth a visitation schedule. This law allows a child’s home state (where the child has lived with a parent for the previous six months) to exercise jurisdiction over child custody disputes regardless of where the original custody order was issued. It is much less popular than other forms of child custody and is used much less often. Parents who live in different states require a long distance visitation schedule. Child custody relocation isn't uncommon following a divorce or separation. However, if you have an established court order that your ex-spouse refuses to follow, it is important to seek legal help to enforce the same. Although most children have resided in one place for at least six months, special cases exist where there is no home state: The rules regarding where a child custody case is properly filed are the same regardless of whether you and your partner were married or started a family without a wedding. Child Custody Orders Difficult When Parents Live in Different Countries On behalf of Todd Shapiro of The Shapiro Law Firm posted in Child Custody on Tuesday, August 21, 2012. The Disagreement of Child Custody. What Happened? In situations involving more than one country, for example if the parents do not live in the same country, the courts responsible for handling cases of parental responsibility are those in the country where the child usually lives. Deciding on Child Custody without Going to Court: In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent. Other provinces have different rules for when a child becomes an adult, but if the child is living in Alberta, it is Alberta’s rule that applies. my wife and i had two children (4 and 7) she moved to a different city six months ago about 4 hours away. Jurisdiction of Custody and Visitation: Parties Residing in Different States. The Uniform Child Custody Jurisdiction and Enforcement Act provides a starting point for cases with minor children and directs Pittsburgh courts to decide where the child has resided for six months immediately prior to filing a custody case. One aspect of this Act is to determine the child’s home state for purposes of litigation by examining factors including: how long they have resided in that state, their significant connections such as those made through schooling or healthcare and the safety of the child by residing in that current state and more. Overnight and long stays will be more difficult for young children, particularly toddlers. Custody X Change is software that helps parents create a long distance visitation schedule. However, older siblings often choose to live with different parents. States, after all, have state boundaries that are easy to cross. The unmarried mother has a superior legal position to the unmarried father and will usually be granted custody. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA) dictates how courts handle custody decisions when the parents live in two different states. When parents live in two different states, it is usually impossible for the child to live with both parents equally. Fortunately, there are statutes that outline how and where custody may be determined. The child spends three days with Parent A, then three days with Parent B, followed by four days with Parent A, then four days with Parent B. Going through a divorce is both financially and emotionally taxing, and with a child involved, the complexity of divorce and custody battles can skyrocket. All Rights Reserved. So, any move can trigger a modification of parenting time away from a 50/50 custody or parenting time order “if the court finds by a preponderance of the evidence…a substantial change in the circumstances of the child or of either parent and that modification is necessary to serve the child’s best interests.” 750 ILCS 5/610.5(b) View Larger Image; When families become divided (when the parents divorce or otherwise separate), one of the most important issues that must be decided is where the children will live. It is not uncommon for two people in a relationship to live in different locations, where one or both are in the military, or where both individuals live and work in different cities. The Uniform Enforcement Act is a federal law that mandates that each state honor and enforce child custody rulings made by courts in other states. Non-parents must provide a recent police records check (completed within the previous 60 days) and authorize the children's aid societies in areas where they have lived to provide a report that indicates if they have been involved with the person. Infant Child: A child does not have a home state if he or she is less than six months of age. Types of Child Custody: Joint Custody. However, every state has the Uniform Child Custody Jurisdiction and Enforcement Act put in place to provide uniformity in determining jurisdiction for custody cases when the parents reside in different states. Divorce and family mediation can provide a level of flexibility that is advantageous for parents who are living in different states. parents (and sometimes others) have with children. And parent-time arrangements is often one of the most contentious issues. The home state is where the child has lived with a parent, or a person acting as a parent, for six consecutive months. However, in cases where a child may experience harm if returned to a particular place, such as in situations of family violence, the court may make concessions to address these concerns. Divorce and child custody matters can become exponentially more complicated if the parents reside in different states. But there are rules parents should keep in mind before moving. Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. However, every state has the, Uniform Child Custody Jurisdiction and Enforcement Act. This typically takes place during the original child custody hearings and is usually contained within a clause in the child custody plan. Generally, if a child was removed from a province without the consent of the other parent, the court will not allow that parent the benefit of taking jurisdiction over the matter. It is often helpful to contact an attorney in your home state and the state that issued the custody order so that they can work together. Prior to or simultaneously with enforcing an out of state order you must file to enroll the out of state order. If a child custody or parenting-time order is violated by one parent, it may be enforced in the state of either parent. Today’s economy is a global one with families often relocating to different states or even different countries to explore education and employment opportunities. An experienced custody lawyer such as the family law attorneys at Pollock Begg Komar Glasser & Vertz LLC can explain the intricacies of the Uniform Child Custody and Enforcement Act and other Pennsylvania laws that apply to your case. This is where both parents share an equal number Petitioning for Custody or Visitation Rights When the Parents Reside in Different States, Custody cases can easily become complex when multiple state jurisdictions are involved. Judges are very reluctant to grant joint custody when the parents live in separate states. The UCCJEA is a complicated area of the law and requires experienced family law counsel who can vet the specific facts of each case within the context of the code in order to determine the proper course of action when interstate custodial issues arise. Therefore, a very typical order may involve the minor child living with one parent, while the other parent exercises visitation during school vacations, holidays, and any other agreed upon visitation. In a recent family law decision, an Ontario court had to decide where a child with dual American-Canadian citizenship should live after his two mothers separated and decided to live in separate countries. The UCCJEA comes into play if there is an existing child custody order that needs to be enforced, or there is a custody dispute with a parent that lives in another state. 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