When Custody Crosses State Lines: Jurisdiction, Relocation, and Protecting the Child’s Best Interests

child care relocationIn a column published on 10/9 in Law.com, Family Law Attorney Rebecca Palmer discusses the complexities of child custody law, especially when a parent decides to relocate to a different state.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides clear guidance on the implications of jurisdiction, through the “home state” rule, where the child’s residence dictates jurisdiction for at least six consecutive months.

“The success of the Act’s provisions requires interstate judicial communication. Courts must work together to ensure consistent rulings and prevent duplicative proceedings. This procedural safeguard keeps the child from becoming entangled in a jurisdictional tug-of-war that would continue to undermine stability and prolong the conflict in an already difficult situation,” notes Palmer.

dyy to “work the system.” Remain diligent; intentions to move should be addressed in writing, and legal representation should be sought if you suspect the other parent is attempting to establish a new jurisdiction.

“Remember that the UCCJEA encourages and often requires interstate judicial communication,” said Palmer. “Raising potential violations early allows the court to coordinate with other jurisdictions and prevent inconsistent orders. Staying informed, documenting concerns, and engaging counsel quickly are the most effective safeguards against relocations designed to gain a legal advantage.”

Read the story in full; click here (subscriber-based).