Child Custody When Parents Live in Different States

To develop your parenting plan, you must comply with the custody laws of the state where the plan will be filed, especially when parents reside in different states. If there’s an agreement on the state of jurisdiction, its regulations apply.

In the absence of agreement, the Uniform Child Custody Jurisdiction and Enforcement Act determines the state’s authority. This act stipulates that a state court can decide custody if the child has lived there for at least six months, has significant connections in the state, or is present due to concerns of abuse, neglect, or abandonment.

If multiple states meet the criteria, the one issuing the first custody decision holds authority, and other states must enforce that decision. Attempting to relocate the child to another state for jurisdictional reasons may result in a custody denial.

Legal and Physical Custody

Devising Inter-State Parenting Plans and Visitation Schedule

Once the state with custody authority is determined, you can create a parenting plan and visitation schedule.

For parents living in separate but reasonably close states, a conventional parenting plan suffices, offering various options for visitation.

Relocating Following a Parenting Plan Being in Place

In cases where one parent moves far away after having a parenting plan, especially to a different state, it becomes necessary to establish a long-distance plan.

If you’re the custodial parent planning to relocate, review the terms of the existing plan to determine the allowable range for moving the child. If the non-custodial parent opposes the move, resolution may require court intervention.