The Basics of Interstate Custody Laws
December 26, 2006 by
Custody cases can become incredibly complicated, and can become even more complicated when the parents of the children reside in separate states. The Uniform Child Custody Jurisdiction Act (UCCJA) was enacted in order to settle disputes as to where child 
custody cases should be heard, and this has mitigated some of the confusion; however, if you aren't aware of the laws governing interestate custody, you could wind up losing your custody case.
The Basics of Interstate Custody Laws: Where does the child reside?
The courts have recognized that uprooting children from their communities and schools can be dangerous to their mental and emotional development, which is why they have determined that child custody cases should be held in the state where the children currently reside. Normally, the children must have been living in that state for a minimum of six months in order to qualify, and it does not govern cases in which children have been abandoned or in which one parent has interfered in a custody battle.
The Basics of Interstate Custody Laws: Is there another case pending?
The UCCJA has also determined that when one custody case is pending in one state, another cannot be filed in a different state. For example, if the mother of a child has filed for custody in California, the father cannot file another case in Wisconsin. The state in which the case was filed takes presedence, and no other cases can be filed until that one is settled. Of course, a case usually won't be filed unless the child has been living in that state for at least six months, so you should check with state records to make sure you have legal grounds to file a custody case.
The Basics of Interstate Custody Laws: Has the case been declined?
If a custody case is filed in one state, but that state declines to hear the case, then another case can be filed in a different state. For example, if the mother of a child files a custody case in New York, but a judge decides that there isn't grounds to have the case heard in New York, then the father can subsequently file a case in North Carolina. The first judge's ruling will have nothing to do with the decline in the other state.
The Basics of Interstate Custody Laws: Where does the child reside?
The courts have recognized that uprooting children from their communities and schools can be dangerous to their mental and emotional development, which is why they have determined that child custody cases should be held in the state where the children currently reside. Normally, the children must have been living in that state for a minimum of six months in order to qualify, and it does not govern cases in which children have been abandoned or in which one parent has interfered in a custody battle.
The Basics of Interstate Custody Laws: Is there another case pending?
The UCCJA has also determined that when one custody case is pending in one state, another cannot be filed in a different state. For example, if the mother of a child has filed for custody in California, the father cannot file another case in Wisconsin. The state in which the case was filed takes presedence, and no other cases can be filed until that one is settled. Of course, a case usually won't be filed unless the child has been living in that state for at least six months, so you should check with state records to make sure you have legal grounds to file a custody case.
The Basics of Interstate Custody Laws: Has the case been declined?
If a custody case is filed in one state, but that state declines to hear the case, then another case can be filed in a different state. For example, if the mother of a child files a custody case in New York, but a judge decides that there isn't grounds to have the case heard in New York, then the father can subsequently file a case in North Carolina. The first judge's ruling will have nothing to do with the decline in the other state.
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Mary Anne Simpson
Posted on 12/26/2006 at 11:12:00 AM