Our
Interstate Issues and Relocation Services
Interstate Custody Disputes
When parents live in different states, custody arrangements can become legally complicated. Our attorneys help parents navigate the emotional and logistical challenges of interstate custody disputes. This can involve modifying parenting time schedules, addressing child support changes, and ensuring that both parents remain actively involved in the child’s life, regardless of geographic distance.
Considerations for Interstate Custody
Several important factors must be considered in interstate custody cases, including:
- The reason for the relocation—is it for career, family, or lifestyle reasons?
- Whether one parent objects to the relocation.
- The presence of extended family in either state and how that could impact the child’s support system.
- The availability of educational opportunities in both states.
- The overall impact of the move on the child, including potential changes in schooling, relationships, and involvement in extracurricular activities.
The Impact on the Child
Children, especially young ones, can experience significant stress when separated from one parent for long periods. The practicality of maintaining relationships and being actively involved in the child’s education, upbringing, and religious practices can also be greatly affected. Our attorneys work closely with families to assess these factors and ensure that the best interests of the child remain at the forefront of all decisions.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA is a key law that determines which state has jurisdiction over child custody cases. This Act helps avoid conflicts between states and ensures cooperation in child custody matters. At Gendelman Klimas Edwards, we are familiar with the UCCJEA guidelines and can help you navigate situations where there are disputes over which state’s courts will handle your case. Understanding the rules of the UCCJEA is crucial when interstate custody issues are involved.
Initial Child Custody Orders
In most cases, the initial child custody order will be issued by the child’s home state, which is defined as the state where the child has lived for the six months prior to the case being filed. Our team ensures that jurisdictional issues are addressed correctly according to these rules.
Modifications to Custody and Visitation Orders
Jurisdiction generally remains with the originating state when modifying existing custody or visitation orders. Understanding these rules is critical in cases of relocation or interstate moves.
FAQs
Frequently asked questions about Interstate Issues and Relocation in Colorado
Still have questions? Reach out to us today.
What is the UCCJEA?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a federal law that provides guidelines for determining which state has jurisdiction over child custody matters. It aims to reduce conflicts between states and ensure that custody disputes are resolved in a fair and consistent manner.
How does an interstate move affect child custody arrangements?
An interstate move can significantly affect child custody arrangements, including the amount of parenting time, child support obligations, and the practicality of one parent’s involvement in the child’s daily life. It is important to work with an experienced attorney to ensure that any custody modifications reflect the child’s best interests.
What factors do courts consider in interstate custody disputes?
Courts will consider factors such as the reason for relocation, the objections of either parent, the impact on the child’s relationships and education, and the availability of extended family. The child’s emotional well-being and ability to maintain a strong relationship with both parents are key considerations.
Can a custody order be modified after the initial determination?
Yes, custody orders can be modified if there is a significant change in circumstances, such as a parent’s relocation. It’s essential to follow the legal procedures for modifying custody or parenting time orders, and our attorneys can help guide you through this process.
How do I know which state’s court will have jurisdiction over my custody case?
The UCCJEA provides specific rules regarding jurisdiction over custody cases. In most situations, the initial jurisdiction is in the child’s home state, which is defined as the state where the child has lived for the past six months. Our attorneys will help you determine which state has the right to hear your case.
