There are holidays throughout the year and children normally want to spend those holidays with both of their parents, even when parents are no longer a couple. This can mean that you may need to create a parenting plan [...]
Interstate Child Custody
When a couple with children divorces, one of the most complex issues is child custody. While this is a difficult issue when both parents live near one another, it becomes more complicated when one moves to another state. In these cases, numerous laws govern how these situations must be handled by the courts. Due to the impact these types of divorce can have on families, it is best to know the facts early on. Therefore, if you are facing interstate child custody issues, here are four facts you should know.
State and Federal Laws Govern These Cases
In these cases, the Uniform Child Custody Jurisdiction and Enforcement Act governs child custody cases across state lines. However, remember it only deals with child custody and visitation, not child support or other related issues. Since multiple laws apply in these cases, always consult a Brooklyn divorce attorney when faced with issues involving child custody.
Courts Must Give Proper Notice to Affected Parties
Prior to making a custody ruling, courts are required to give proper notice to both parties, usually in the form of a summons or a legal notice published in a newspaper. By doing so, this will give the court proper jurisdiction over the parties. Due to the importance of this, always rely on a Brooklyn family lawyer to ensure you received notice on this matter.
Judges Must Confer
If questions arise, judges from both states are required to contact one another, and must include both parties in these conversations as well. If this happens, always have your Brooklyn divorce attorney present during these meetings.
Courts Can Decline Jurisdiction
In certain situations, a court can decline jurisdiction over an interstate child custody case. If this happens, it is usually due to one or both parties engaging in misconduct, or both parties have moved to states far enough way to make current jurisdiction unreasonable.