Cross State Custody
It is very common for parents to relocate to another state in the midst of or after a divorce. Once separated, one parent may move back to their homestate or pursue job opportunities that they couldn’t while part of a couple. Once children are involved, however, the complexities of cross state custody create legal difficulties. For instance, Dad may get custody of the child in the state where they lived as a family while Mom moves to her homestate to be with her family. When visitation rolls around and Dad sends the child to visit Mom, she obtains a new custody order from her state. Both parents then have legal custody in their respective states. Now what?
Fortunately, there are laws to prevent interstate kidnapping and ensure that cross state custody laws are followed. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a comprehensive law that that applies to all states. UCCJEA covers:
- Child custody and visitation rights
- Which state has jurisdiction over custody rights
- Custody modification and emergency orders
How UCCJEA Protects You
If you’re in the process of a custody battle, rest assured that the UCCJEA looks after your rights as well as the best interest of your child. By determining and prioritizing the home state of the child, the UCCJEA works to prevent interstate parental kidnappings. Since the UCCJEA establishes jurisdiction over a child custody case, states can’t compete or override each other’s rulings.
Custody orders are subject to modification, especially as the child grows and situations change. For instance, Dad has custody of the child in their home state, but he has to move to a new state to follow his job. This sort of wrinkle in events is what makes interstate custody so complicated.
Complications that can arise out of cross state custody include:
- Children wanting to live with the other parent as they age
- The child runs away to a non-parental figure or the other parent
- One parent becomes incapable of proper child care
If one or more of these situations occur, its essential that you have the legal expertise needed to defend your rights as a parent and protect your family.
Contact a Colorado Family Attorney
If you are in the midst of a child custody battle or are facing similar challenges, do not hesitate to contact the attorneys at Mike Hulen, PC today. Our family lawyers can assist you through the legal process and are experienced at resolving personal family matters. Your family is important and that’s why we want to help you obtain the best outcome possible for your situation. Contact our trusted Colorado family law attorneys at (303) 932-8666.