What are my custody rights if I move to another state?

Relocating to another state with your child involves navigating complex legal considerations, primarily governed by state laws and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Here’s a detailed overview to help you understand your custody rights when planning an interstate move:

1. Understanding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA):

The UCCJEA is a uniform state law adopted by 49 U.S. states, the District of Columbia, and U.S. territories (excluding Massachusetts). It establishes guidelines to determine which state’s courts have jurisdiction over child custody matters, aiming to prevent conflicting orders between states.

Key Provisions:

Home State Jurisdiction: The child’s “home state”—where they have lived with a parent for at least six consecutive months immediately before the commencement of custody proceedings—has primary jurisdiction over custody decisions. For children under six months, the home state is where they have lived since birth.

Exclusive, Continuing Jurisdiction: Once a state court issues a custody order, that state retains exclusive jurisdiction as long as the child or a parent maintains a significant connection with the state, and substantial evidence concerning the child’s care is available there.

2. Relocation Considerations:

When contemplating a move to another state with your child, consider the following:

Notification and Consent: Many states require the relocating parent to provide advance notice to the non-relocating parent. For instance, in Pennsylvania, the custodial parent must notify the other parent at least 60 days before the intended move.

Court Approval: If the non-relocating parent objects to the move, the relocating parent may need to seek court approval. The court will evaluate whether the relocation serves the child’s best interests, considering factors like the child’s relationship with both parents, the reasons for the move, and the potential impact on the child’s well-being.

3. Enforcement and Modification of Custody Orders:

Enforcement: The UCCJEA ensures that valid child custody and visitation determinations made by one state’s courts are enforced in other states, promoting consistency across state lines.

Modification: A new state can modify an existing custody order only if the original state relinquishes its jurisdiction or if the child and both parents no longer reside in the original state.

4. State-Specific Variations:

While the UCCJEA provides a general framework, specific procedures and requirements can vary by state. For example:

California: A parent seeking to relocate must provide notice to the other parent, and if there’s an objection, the court will determine whether the move is in the child’s best interest.

Florida: Parents must obtain either the consent of the other parent or court approval before relocating more than 50 miles away for at least 60 consecutive days.

5. Legal Assistance:

Given the complexities involved in interstate relocation with a child, it’s advisable to consult with a family law attorney experienced in both your current state’s laws and those of the state to which you plan to move. They can provide guidance tailored to your situation and help ensure compliance with all legal requirements.

Conclusion:

Relocating to another state with your child requires careful consideration of both the UCCJEA and state-specific laws. Understanding your custody rights and obligations, seeking necessary consents or court approvals, and consulting with legal professionals can facilitate a smoother transition while safeguarding your child’s best interests.