When married parents decide to part ways, child custody becomes a complex web to untangle. All the more so when those parents live in different states or are planning an interstate move.
Understanding what child custody looks like for interstate couples is necessary for both parents to protect the best interests of their children.
Deciding jurisdiction
Determining which state has jurisdiction over the custody case is the first hurdle. The Uniform Child Custody Jurisdiction and Enforcement Act guides this process. Generally, the state where the child resides is the one with jurisdiction. If the child recently moved, the previous state might still hold jurisdiction until a certain period passes.
Providing stability
The home state is typically favored in custody decisions. Courts aim to provide stability for the child, and the home state is often the primary location for this stability. The parent residing in the home state may have an advantage, but the court ultimately prioritizes the child’s welfare.
Enforcing custody orders
Enforcing custody orders across state lines requires cooperation between the states involved. The Uniform Interstate Family Support Act aids in the enforcement of child support orders, ensuring that the support follows the child regardless of state boundaries.
Statistics show that as many as 50% of children in the U.S. will see their parents divorce. When couples go their separate ways after a split, it is common for one to end up in a completely different state. For the sake of the kids, it is important to understand how this type of separation affects custody.