How Does Child Custody Work if Parents Live in Different States?
Child custody can be challenging in any situation, but it becomes even more complicated when parents live in different states. Whether the separation was recent or happened years ago, living in different states raises important legal questions. Families want to know which state controls the custody case, how to make changes, and how to ensure the child’s best interests come first.
In this article, we’ll explain how child custody works when parents live in different states, especially in California. We’ll also cover which state has jurisdiction, how courts decide custody, and what to expect when creating or changing a custody order across state lines.
Understanding Child Custody Basics
Before diving into how custody works across state lines, it’s helpful to understand the basics of child custody.
There are two main types:
- Legal custody: The right to make important decisions about the child’s health, education, and welfare
- Physical custody: Where the child lives
Custody can be joint (shared between parents) or sole (one parent has all the rights). When parents live in different states, courts must decide how to make a fair plan that works well for the child.
Which State Has the Right to Decide Custody?
One of the biggest questions when parents live in different states is which state has the authority to handle the custody case. This is where the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) comes in.
The UCCJEA is a law adopted by California and almost every other U.S. state. It helps determine which state court has the power, or jurisdiction, to make decisions about child custody.
Under the UCCJEA, the state that has jurisdiction is usually the child’s “home state,” which means where the child has lived with a parent for at least six months before the case was filed.
If there is no home state, then the state where the child has strong connections, like school, doctors, or close relatives. If a court in one state has already made a custody order, that court usually keeps control of the case unless something major changes.
How California Handles Out-of-State Custody Issues
California follows the UCCJEA, just like most states.
If a California court has already issued a custody order, it will continue to handle the case unless:
- The child and both parents have moved out of California.
- The California court decides it is no longer the best place to hear the case.
If a parent moves out of state and wants to change the custody order, they must usually ask the California court first. Parents cannot simply file a new case in a new state just because they moved. This prevents parents from “shopping around” for a better outcome. It also keeps things more stable for the child.
What Happens if Each Parent Files in a Different State?
Sometimes, both parents try to file for custody in different states. When this happens, the UCCJEA requires courts to talk to each other and decide which state has the right to handle the case.
Usually, the court in the child’s home state keeps the case. The other state’s court will dismiss their case. Judges may even have a phone call with each other to decide who should hear the matter. The goal is to avoid conflicting court orders that confuse everyone, especially the child.
Modifying a Custody Order Across State Lines
If a custody order already exists in one state, it usually stays valid until the child or both parents move out of that state. Only then can a different state typically take over the case.
Let’s say the original order was made in California, but now the child and both parents live in different states. In this situation, a new court might be able to modify the order, but only after checking with the California court. This process can be time-consuming and requires following strict legal rules.
For these reasons, it’s a good idea to work with a family law attorney who understands the process and can help guide you through it.
Visitation and Travel Between States
When parents live far apart, custody plans usually include long-distance visitation. Depending on the distance, it might involve flying the child to the other parent during holidays, summer breaks, or weekends.
Courts will look at several factors to decide how this works, including:
- The child’s age and comfort with travel
- The cost and who pays for travel
- School schedules and holiday breaks
- How often the child sees each parent
California courts try to ensure the child has a strong relationship with both parents. They aim to make visitation fair while keeping the child’s routine as stable as possible.
Contact Our Beverly Hills Child Custody Attorney at Berenji & Associates Divorce Lawyers for Help with Custody Across State Lines
Even though long-distance custody cases can be complicated, the law provides a clear path to follow. California courts follow specific rules to ensure custody decisions are fair and in the child’s best interests, even when parents live in different states.
Knowing your rights and working with a knowledgeable Beverly Hills child custody attorney can help you protect your child and make confident choices about their future. Call Berenji & Associates Divorce Lawyers today at (310) 271-6290 to schedule a consultation.
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Los Angeles, CA 90013
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