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What is an Interstate Child Custody Arrangement?
Navigating any child custody issue can be complex, whether you live in the same state or not. However, unique complexities are introduced to family law matters when you and the other parent live in different states. Whether you or your ex-spouse is moving to New York City and hoping to enforce an existing child custody order or seeking to enforce an order from another state, it is essential that you understand your parental rights and legal options afforded to you under the law.
Like many other states, New York follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The act outlines legal means for resolving child custody disputes that transpire across state lines and works to ensure that existing custody orders are recognized and enforced from one state to the next.
Key factors enforced by the UCCJEA include the following:
· The act provides legal procedures for enforcing child custody orders across state lines. In the instance that a parent violates an existing custody order in one state, the other parent has the right to seek enforcement of the existing order in another state
· The UCCJEA establishes a framework for determining which state has legal jurisdiction to make custody determinations and modify existing orders. In many cases, the state where the child has resided over the past six months will receive home state jurisdiction
· This act also establishes rules for modifying child custody orders. Usually, the state that issued the original child custody order shall have the exclusive right to modify that order unless the state determines that it no longer has jurisdiction or that the parties no longer reside in that state
You will likely need the legal advice of an experienced family law attorney to ensure your child’s safety and defend your parental rights in an Interstate child custody case. Contact our New York law firm to discuss your child custody matters in a free consultation today.
How Do Jurisdiction Issues Relate to Interstate Child Custody Arrangements?
Interstate child custody disputes can be challenging because of complex jurisdiction issues. For example, the child custody laws that apply in New York may not necessarily apply in some of our neighboring states. While the UCCJEA provides guidance and legal relief for families in difficult circumstances with Interstate child custody issues, the state law can be challenging to comprehend without professional legal support.
Under the provisions afforded by the UCCJEA, the child’s home state will have jurisdiction for any child custody litigation matters. The definition of the child’s home state is typically the state where the child resided with a parent for the past six consecutive months before the beginning of new litigation.
In cases with no obvious home state, the state where the child has significant connections will generally have jurisdiction. It may be necessary to provide evidence of these substantial connections to a state to establish it as the legal home state in these matters.
When a child has been abandoned or requires protection from mistreatment or abuse, a family law court can exercise temporary emergency jurisdiction.
Can Child Custody Orders Be Enforced Across State Lines?
The UCCJEA plays a critical role in enforcing interstate child custody orders. The act ensures consistency and requires all states to follow the law and honor and implement custody orders based on who has legal jurisdiction in each case. Under the act, the custodial parent can file a court order in the state where enforcement is required. This is known as registering a child custody order. Once the order has been registered, the new state must enforce the orders as though they were its own.
It is worth noting that the enforcing state cannot usually modify child custody orders unless jurisdiction has been shifted to their courts.
If a parent refuses to follow the established child custody arrangements, the other parent can seek legal assistance from a family law court to enforce the orders.
How Does New York Enforce Out-of-State Child Custody and Visitation Orders?
Once an out-of-state custody order has been registered in New York, it will act like any other child custody order issued in the state. That means you can seek the court’s assistance in enforcing the orders if one parent violates the terms of the arrangement.
If a motion to enforce the custody order is granted, a court can take several steps to enforce it. For example, they could switch custody from one parent to the other, increase or decrease parenting time, require that visitations are supervised, or bar a parent from visitation rights altogether. In some cases, the courts can also sanction a parent through monetary fines or other means. In the most extreme cases, the courts can theoretically incarcerate parents or put them on probation, though this is an infrequent occurrence.
For help ensuring that your voice is heard and that the courts do everything necessary to enforce the custody orders, please contact our NYC law firm to discuss your legal matters with an attorney today.
How Does a Parent Change a Child Custody Arrangement When Moving to Another State?
Moving out of state is one of the most common reasons for adjusting child custody arrangements. In situations where one parent is trying to block an out-of-state move, a parent tries to keep the children residing in one state, or there is a disagreement about how to adjust parenting plans to account for the extra distance following a move, it may be necessary to update the child custody arrangement and any accompanying parenting plan.
Modifying an out-of-state child custody order typically requires demonstrating to the courts a substantial change in circumstances that impacts a child’s best interest. Moving to or away from New York may qualify as a significant change in circumstances, which could potentially warrant an official modification to a custody order.
Contact our law firm to speak with a compassionate family law attorney about your case today.
Contact Our New York City Law Office to Schedule a Free 30-Minute Case Review
Child custody issues are often hotly contested and can result in costly and lengthy legal battles. Very few child custody cases are more complex than those that transpire across state lines. If you are facing a complex custody issue, please get in touch with our New York law office to discuss your case with the lawyer and his legal team today.
Our law firm offers free 30-minute consultations to prospective new clients interested in retaining our legal services. To learn more about the benefits of retaining legal representation from our firm, please contact us to schedule your free initial consultation today.
You can reach us at 917-924-9790.
