If you move, you may have to wait before becoming eligible to file your child custody case in that county. And parent-time arrangements is often one of the most contentious issues. This typically takes place during the original child custody hearings and is usually contained within a clause in the child custody plan. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Kids, on the other hand, not so much. Child Custody Orders Difficult When Parents Live in Different Countries On behalf of Todd Shapiro of The Shapiro Law Firm posted in Child Custody on Tuesday, August 21, 2012. If a child's parents and/or grandparents live in different states, one of several laws will determine the appropriate court to hear a custody or visitation case. If you cannot reach agreement on custody or visiting rights, you will probably go to a court. Still, they do come up, especially given that people sometimes have to move out of state for work and making long-distance arrangements work can be difficult. If you are struggling with custody or visitation rights to your child over state lines, contact the Bel Air attorneys at Rodier Family Law today, ← Child Custody & Children With Special Needs, An Overview of Adoption as a Stepparent After Divorce →. While the custody forms you file with the court can be similar nationwide, each state has specific forms. All Rights Reserved. The laws that discuss these issues in Alberta are The Divorce Act and The Family Law Act. Sometimes, however, parents who live in different states still manage to share the joint physical custody of the child equally, if the parties are so inclined. Pittsburgh Pride Includes Protecting the City We Love. my wife and i had two children (4 and 7) she moved to a different city six months ago about 4 hours away. The child may spend equal time with each parent. If the unmarried parents live in different states, child custody decisions are still based on the best interest of the child standard. However, in cases where a child may experience harm if returned to a particular place, such as in situations of family violence, the court may make concessions to address these concerns. The comments set forth herein with regard to the UCCJEA are general in nature. However, every state has the, Uniform Child Custody Jurisdiction and Enforcement Act. If the parents of a child do not live together but share the responsibilities of making decisions about the child or housing the child, they are engaging in joint legal or physical custody of the child. 1) Opportunities When parents divide, they begin a new journey in life. Sometimes, however, parents who live in different states still manage to share the joint physical custody of the child equally, if the parties are so inclined. ©2021 Rodier Family Law. Sections 4 and 5 of the Divorce Act allows a court to hear and determine custody and access applications (also called “corollary relief”) if either parent is ordinarily resident in the province at the commencement of the proceedings, or if both parents accept the jurisdiction of the court. When the parents of a child live in separate states, attempting to determine custody of the child may seem overwhelming. This law allows a child’s home state (where the child has lived with a parent for the previous six months) to exercise jurisdiction over child custody disputes regardless of where the original custody order was issued. The Act gives courts the authority to determine which state is considered the child’s home state. Here, the family law and divorce attorneys at Rodier Family Law discuss the process of petitioning for custody or visitation when the parents reside in different states. If the parents share joint custody, the child can either live primarily with one parent or have a shared residence with both parents (ie. An experienced custody lawyer such as the family law attorneys at Pollock Begg Komar Glasser & Vertz LLC can explain the intricacies of the Uniform Child Custody and Enforcement Act and other Pennsylvania laws that apply to your case. The unmarried mother has a superior legal position to the unmarried father and will usually be granted custody. Which Is Your Favorite Pittsburgh Penguins' Holiday Video? The UCCJEA is a complicated area of the law and requires experienced family law counsel who can vet the specific facts of each case within the context of the code in order to determine the proper course of action when interstate custodial issues arise. Younger children may need more frequent visits with the non-placement parent, if this is financially possible. However, every state has the Uniform Child Custody Jurisdiction and Enforcement Act put in place to provide uniformity in determining jurisdiction for custody cases when the parents reside in different states. Equal or shared parenting can be made to work when parents live some distance apart, particularly with older children. If you are facing the possibility of a child custody arrangement in different cities, you should pursue the representation of a Houston divorce attorney who has experience with long-distance child custody arrangements to ensure that your parental rights are adequately protected. One aspect of this Act is to determine the child’s home state for purposes of litigation by examining factors including: how long they have resided in that state, their significant connections such as those made through schooling or healthcare and the safety of the child by residing in that current state and more. Notice and Consent for Relocation Some states require a custodial parent to give notice (usually written) to the noncustodial parent of an intended move within a specified time period (for example, within 30, 60, or 90 days of an intended move). eg: I have primary residential custody of my children - they live with me primarily - and I do the dr appts and make sure they go to their activities etc as well as get them to school daily and do most of the care when they are ill etc. once she told me the news, i did not agree for her to take the kids with her and later be a forgotten father. 50/50, 60/40). Example: The mother and child live in Florida, but the father of the child has remained in New Jersey. Where to file your child custody case depends on where you live since most states require child custody cases to be filed in the county or parish where the child resides. Custody arrangements are more complicated when parents live in different cities. By Written on behalf of Campbell Bader LLP • May 16, 2019. The child spends three days with Parent A, then three days with Parent B, followed by four days with Parent A, then four days with Parent B. Many parents have shared custody of their children while living in different states or even different countries. Child Custody Orders Difficult When Parents Live in Different Countries On behalf of Todd Shapiro of The Shapiro Law Firm posted in Child Custody on Tuesday, August 21, 2012. Money, honestly, is relatively easy most of the time. Parents can live in different states and share legal custody if the parents have a cordial relationship and communicate, although it can be difficult for the parent who does not live in the same state as the child to participate in medical appointments, for example. Non-Parent Applications for Custody There are special requirements for a person seeking custody of a child who is not his or her child. 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