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Custody Disputes That Cross State Borders

Posted by Mattis Law, A.P.C. on December 20, 2022 in Child Custody

As a caring and concerned parent, you will want to keep your child nearby even after separating from your ex-spouse. Trying to keep your child nearby can be a huge challenge, especially if you are no longer in a relationship with your co-parent. You will likely have conflicting interests with them as they also want to keep the child nearby. When you live in different homes, and your lives diverge, determining child custody can be complicated and overwhelming.

Things even become more complex when one parent wants to move across state lines with the child. With both parents having the right to spend time with the child, interstate custody laws complicate things. This is why it is crucial for all separated parents to understand child custody laws and what happens with interstate movement. Read on to learn more about child custody laws operating across state borders, how to change the custody order if you need to move, and what you need to implement the order.

Understanding Interstate Custody Laws

There are no federal laws on child custody orders. Each state in the country handles such parenting disagreements internally based on their terms and agreements. This means that in a state like California, the judge bases their decisions on various factors when ruling on who gets custody of the child.

With the custody laws varying from one state to another, most states have adopted the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). This law makes things almost uniform across states and allows judges to rule on cases involving two different states with varying custody laws.

How To Change Your Custody Arrangement for Interstate Moves

There are many other reasons a parent might want to change their custody arrangement. Some of them include the following:

  • A co-parent is moving out of state for work or other commitments, and you want to remain with your child.
  • You need to move to another state for work, and your ex-spouse is trying to block that move in light of the custody agreement.
  • Both of you are moving to different states and cannot agree on the ideal parenting plan to account for the distance.

How To Adjust Custody Agreements to Accommodate Interstate Moves

In California, there are several ways you can request changes to your custody agreement without your ex-spouse’s approval. However, there must be a significant change in circumference to warrant such a move. You will be required to fill out a few documents explaining why you want to change the custody agreement and point out reasons why it is vital. In most cases, new jobs are often considered important enough to warrant a change in the custody agreement.

Once you have proven to the judge that there is a significant change in circumstances, you will have to meet with a mediator to discuss your request. If your ex-spouse is contesting any request to move to another state with the child and the mediator doesn’t help find an ideal solution, you will go to court for the hearing. The judge will either grant you the wish to change the plan or dismiss your request. The judge’s call is final, and both parents must adhere to it.

How Mattis Law, A.P.C. Attorneys Can Help

and there is an aspect of distance in the mix. Navigating such complex matters needs the help of an experienced and trustworthy legal team.

The dedicated San Diego child custody attorneys at Mattis Law, A.P.C., are ready to help you navigate your interstate custody issues. We have the experience and skills to increase your chances of getting a favorable ruling regarding the custody case. Call (858) 328-4400 to schedule your consultation today, and let us discuss how we can help you fight to keep your young ones nearby.

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