Filing for custody when your child lives out of state can feel like an uphill battle. A lot of parents think that they can’t take any legal action if their child doesn’t live in the state where they currently live. But that is not always the case.
In this article, I will clear up those misconceptions and walk you through the steps, including:
- Figuring out your child’s home state
- Dealing with jurisdictional issues
- Filing for emergency custody orders when time is critical
Navigating custody issues is not always easy, but knowing your rights makes all the difference. A child custody lawyer in Philadelphia can help you protect your parental rights and work toward an arrangement that supports your child’s best interests.
What Is Jurisdiction and How Does It Impact Child Custody Cases?
Jurisdiction determines which court has authority to make a determination regarding your custody case. When parents are in different states, jurisdiction can be complicated, and you can’t just file in any state.
There is a law called the UCCCJA that determines where you should file your custody case, and almost all states have adopted it.
The UCCCJA stands for the Uniform Child Custody Jurisdiction and Enforcement Act
How Is the Child’s Home State Determined in a Custody Case?
Typically, under the UCCCJA, a child’s home state is defined as the state in which the child has resided for the prior six months.
- If your child recently moved, their previous state may still qualify as their home state
- There are exceptions if the child hasn’t lived anywhere for six months
- Exceptions may also apply in emergency situations
Can You File for Custody in a State That Isn’t the Child’s Home State?
Yes, in some situations.
In Pennsylvania, it might be possible if:
- The child has a significant connection to the Commonwealth of Pennsylvania
- The child no longer has a clear home state
- A parent and child have significant ties, such as:
- Doctors
- Relatives
- Schooling in that state
Another option is when the court can assert emergency jurisdiction. This can come into play if the child is in danger, such as in cases involving Domestic violence or neglect.
Courts in Pennsylvania can issue temporary emergency orders, even if it is not the child’s home state.
When Are Emergency Custody Orders Granted?
In Pennsylvania, emergency custody orders may be granted when a child is at immediate risk of harm.
If you believe the safety of the child is at risk, it’s important to consult with an attorney to determine if your circumstances rise to the level of an emergency.
It is also important to have documentation or some form of evidence to show to a court that an emergency situation is arising.
How Long Do Emergency Custody Orders Last?
Emergency orders are temporary and designed to protect the child immediately. The length of time depends on which court ultimately has jurisdiction over the case
If another state is the child’s home state, that state may still have final say on long-term custody orders
Can You Modify a Custody Order From Another State?
Yes, but only if jurisdiction is properly transferred.
It is important to work with legal counsel when transferring jurisdiction between courts because:
- The process can be complicated
- An attorney can help ensure everything is handled correctly
Tips for Parents Dealing With Interstate Custody Issues
Here are some tips for parents dealing with interstate custody issues:
- Keep detailed records, including:
- Communication logs
- Visitation attempts
- Missed calls
- Anything that shows what is going on in your particular situation
- Follow all court orders to the letter, especially if there is already:
- A custody agreement
- A custody order in place
- Work closely with a family lawyer who understands interstate custody laws
- Avoid taking matters into your own hands, such as:
- Moving a child across state lines without court approval
- Taking actions that could negatively impact your case
Understanding how jurisdiction works and what steps you can take empowers you to make informed decisions during a difficult time.