Interstate Issues & Relocation
Interstate Custody Disputes
When it comes to divorced or unmarried parents, determining the child custody arrangements can be difficult, especially if the parents live in separate states or intend to move in the near future. It is not uncommon for parents who share custody to live in different states for various reasons such as moving for a career, wishing to be closer to extended family, or simply seeking a lower cost of living. Whatever the reasons may be, this presents a situation which is legally, financially, and emotionally complex. Our attorneys at Gendelman Klimas are ready to help you navigate the intricacies of an Interstate Custody Dispute.
Considerations for Interstate Custody
Such a transition may affect the amount of time each parent spends with the child(ren) and the amount of child support in which a parent may be responsible. The cost of traveling to be with the child as well as the frequency of visitations are factors to be noted. When determining the guidelines for interstate custody, the needs of the child and their age are also significant. Young children can have a particularly stressful time being separated from one of their parents for long periods. Further, an interstate move may impact the practicality of the parents to be involved in the child’s education, upbringing, relationships, and even religion.
Other Factors for Interstate Custody:
- What is the reason for the relocation?
- Are there any reasons why one parent may object?
- Is there any extended family located in either state?
- What educational opportunities are there in both states?
- What is the impact an interstate move could have on the child overall?
In the state of Colorado, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides the standards followed when determining jurisdiction in child custody cases. The general purpose of this Act is to avoid conflict between jurisdictions, increase cooperation between states, discourage disagreements over custody, deter from removals or abductions of children, among many other things. It is essential to have an attorney who is well versed in UCCJEA matters if an issue in your case is what state’s courts will hear your case. At Gendelman Klimas, our attorneys know UCCJEA guidelines and can help you navigate the complexities of interstate custody issues.
Some of the UCCJEA Rules & Guidelines:
- In most cases, the initial child custody order will be made in the child’s home state, meaning the state they have lived in for the six months prior to the case being filed.
- Jurisdiction will usually stay with the originating state when modifying visitation or custody orders.
At Gendelman Klimas, we know how complicated and delicate a custody case for parents living in different states can be. Our attorneys are well equipped to help you handle an Interstate Custody Dispute and will always keep the best interest of the child in mind. Call Gendelman Klimas at (720) 213-0687 or contact our attorneys by using the button below.