Interstate Child Custody

Posted on September 19, 2008
Filed Under General, child custody | Leave a Comment

After a divorce, both people may decide to live as far enough away from each other as possible. However, with a child involved, certain details become complicated. It will be much harder for the child to see each parent on a regular basis due to the distance between both houses. The rulings will be supported in the state that the child custody was first introduced. For example, if both parents divorced in North Carolina, and the mother moved to Virginia while the father stayed behind, then the custody jurisdiction would still be in North Carolina. By the mother moving to Virginia, it will not help her case very much even if she was awarded with sole custody.

If there is no custody order granted, it is very likely that the parent who lives farther away from the child's previous home will not be granted custody. In order for the state to be considered as the child's 'home state', the child has to have lived there for 6 months prior to the custody case. There are often times when the other parent lives in another country. If no court order has yet been determined, it is not wise to let the child go overseas without an order documented. In such countries as Germany, they value their citizens much more than the parents from other countries so the ruling will go in favor of the parent in Germany.

It would also be wise to hire a lawyer in both states. Even if your family lawyer is presenting your case in the state of the jurisdiction, obtaining one in the other parent's state would be a good idea as well. This way, you have protection on both sides if the jurisdiction state were to change. The jurisdiction will stay in the state that it is first appointed, until the parent moves or if the jurisdiction expires. Even if your child's other parent lives in a state away, you should still not send them until a court order has been issued. Which ever state the child is in at the time that the issue is presented, will more than likely be the home state even if the child has not lived there long. Unfortunately, each state is different and the courts in both states will not work together on the issue. It is up to your lawyer, or lawyers, to present your case for your benefit.

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