One critical factor in a multi-state child custody case is jurisdiction--the first decision must be which state will have the power to decide the ultimate custody of the child. In order to establish jurisdiction, custody cases are divided into three different types: emergency, modification, and initial cases. While the term "home state" is often used, it is of little importance in an emergency or modification situation, and primarily used in an initial case. Home state is defined as the state in which a child lived with a parent for at least six consecutive months prior to the child custody proceeding. If the child is less than six months old, home state will indicate the state the child has lived in with a parent since birth.
Emergencies
A state may be given jurisdiction in an emergency case if a child has been abandoned in that state and it is necessary to protect the child from mistreatment or abuse, whether threatened, or actual. If an emergency custody agreement is reached, it will remain in effect until an order is obtained from a court in the state with actual jurisdiction. In essence, if there is an emergency and the child is present in a certain state, temporary emergency jurisdiction exists.
If a child custody agreement has already been reached and has been in place for a time, another state can modify the custody order if that state determines the child, and his or her parents do not actually reside in the state of the original agreement. Before another state can modify a custody order, however, the original state must relinquish jurisdiction.
Complexities of Multi-State Custody
Interstate custody issues can be complex, frustrating and costly. You must be very certain that your custody agreement allows you to take your children across a state line if you want to avoid being charged with kidnapping. Having an experienced attorney in your corner during this time is your best option to ensure you do not inadvertently do something which could jeopardize your custody of your children for a long time.
If you and your ex have finally agreed on a multi-state custody agreement, you are well aware of the pitfalls and problems. Usually the courts will require you both to share the expenses of getting the children back and forth, whether they have to fly, or it is close enough to drive. If you are financially strapped, this can be a major problem. Time is also a factor in a multi-state custody agreement as you may be required to drive your children on a lengthy trip so they can spend time with their other parent. Experienced custody attorneys can help their clients: enforce visitation rights when either the non-physical custodial parent or the child lives in another state, enforce child support when one spouse is out of state, modify previous orders from the original divorce when a spouse moves out of state or defend against suits filed in other states for enforcement of child support or visitation rights.
