There is judicial oversight when it comes to child custody cases, especially when parents live in two different states. This relationship can further complicate an already challenging situation, and the difference in state laws can result in disputes.
If you find yourself in this situation, a Saratoga Springs interstate custody lawyer may be able to help. The right legal team could ensure your rights as a parent are protected. Instead of trying to resolve these issues alone, reach out to a skilled child custody attorney today.
Understanding the Uniform Child Custody Jurisdiction and Enforcement Act
Because of the complex nature of custody disputes that cross state lines, most jurisdictions have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This proposed law has been adopted by the State of New York and is used to determine which state’s custody laws apply.
In general, the child’s home state is assigned custody cases. The home state is determined by where the juvenile has lived for six months before beginning a custody case. For children younger than six months, the Courts will look at where they lived since birth.
Exceptions to the Six-Month Rule
While considering where a child has lived for the past six months is straightforward in most cases, there are times when exceptions will apply. For example, some children have not lived in a single state for six months or have lived in multiple jurisdictions for similar amounts of time.
In these situations, the Courts will use something known as the Significant Connection rule. Under these guidelines, the Court will look at the evidence and determine the state in which the child has the most connections. That state will have jurisdiction over the custody case.
There are also exceptions in place when domestic violence is an issue. In cases of emergency, a Court can take temporary jurisdiction while there is a threat of harm. A Saratoga Springs interstate custody attorney could explain when these exceptions apply.
Common Challenges in Interstate Custody Cases
There are several common issues that can complicate interstate custody in Saratoga Springs. The distance between states alone can make it a challenge for both parents to develop a meaningful relationship with their shared child. Financial matters can also make it difficult, given the potentially high cost of travel. There might also be issues regarding parenting styles or the lack of cooperation between co-parents.
What is Parental Kidnapping?
One of the most disturbing aspects of interstate custody is when a parent takes a child across state lines without permission. This is known as parental kidnapping. This can start by not returning a child to their home state following a scheduled visit or fleeing with a child to another country.
There are steps a parent can take to stop parental kidnapping, such as putting an alert on a child’s passport to prevent them from leaving the country or even securing an emergency Order granting sole custody of the child. If this occurs, a seasoned lawyer in Saratoga Springs could help file any legal actions, such as an emergency custody Order, or initiate proceedings under the UCCJEA to enforce or modify interstate custody arrangements.
Call an Interstate Custody Attorney in Saratoga Springs Today
While these custody issues are particularly challenging, you never have to face them alone. A Saratoga Springs interstate custody lawyer could answer your questions and help enforce your rights as a parent. Reach out today for a complimentary consultation.