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Interstate Divorce Jurisdiction: Need a Family Law Attorney?

Family separation can be a messy situation, especially with children involved. Finding the right child custody attorney to help you through the separation process can be essential. This is true of getting the best possible outcome for your child or children, but also making sure you understand what steps you need to take clearly along the way.

But first, here are some answers to questions you may have getting started.

Can Your Ex Move to Another State and Relocate With Your Child Without Your Consent?

No, they cannot. If they are considering doing so, they either have to receive your legal consent, or make a case in a court of law and be given legal permission by the state to do so.

If your ex has already relocated across state lines with your child, they can be charged with a felony and could lose custody of child/children. If this is the case in your situation, you should contact an attorney as soon as possible to start making your child custody case.

What is the Uniform Child Custody Jurisdiction and Enforcement Act?

This Act, also called UCCJEA, make the laws consistent across state lines concerning child custody. This ensures that the system works cohesively to protect the rights of parents and children no matter the states involved, especially since it would likely require multiple jurisdictions to have to work together.

This means that an ex won’t have the option to relocate to another state that offers special privileges in interstate relocation when separating from a spouse, and having children. It also means that interstate court cases can be a little more complicated, and they require legal assistance from someone who is well-versed in navigating outside their own area’s jurisdiction.

What Should You Do if Your Child Custody Situation Involves a Spouse Who is in or Moving to Another State?

It is within your rights to hire an attorney to help you make a child custody case in court, to determine that the child or children should remain in your care rather than your ex. It is also within your rights to advocate that if your ex wishes to remain involved in your children’s lives, they must choose to live near you rather than attempt to relocate with your child or children.

If You Apply for Child Custody in This Situation, What Are the Chances You Will Win Your Case?

This is a complicated answer to a tricky question. There are a wide range of factors at play in a child custody case, and sometimes it doesn’t have to do with you at all. Things the court will consider can include:

  • Child preference
  • Financial stability of each parent
  • Family network in each location, such as grandparents who live in the same city as one spouse, who are significant in the child’s life
  • Charges of DWI/DUI, drug use, or other felonies on a parent’s record

The list goes on, but in essence the factors at play aren’t always cut and dry. A great family law attorney can help you navigate the factors that could play for or against you in court.

It May Be Time to Seek Legal Council

Trying to do a little research can help you get started in your search for a divorce attorney who can help you navigate inter-state child custody issues. However, nothing beats hiring an expert to be on your side as you sort through the details of paperwork, making a case, and presenting your case in court.

If you’re in search of the right family law attorney who can navigate interstate jurisdiction issues, then contact Beckman Steen & Lungstrom, P.A. They can help you get started, today.

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