Common Interstate Child Custody Issues: Finding the Best Solution for Your Child
When one parent wants to relocate to another state, child custody becomes a real concern for all involved. California courts give the child’s best interests a top priority. If you or the other parent of your child plans to move out-of-state, a lawyer from the Pedrick Law Group can help you. With legal representation by your side, you will not feel so alone as you navigate the court process.
Child Custody Across State Lines
A job transfer, new marriage, or other major life change can result in a motion for modifications to a custody agreement. Pursuing legal action to relocate a child to another state is a matter California courts take very seriously.
Common issues the courts consider include:
- The child’s current school and educational environment
- The child’s involvement in community activities, such as clubs and sports
- The financial stability of the parent seeking the changes to the custody order
- Criminal records of either parent
- The current custody arrangement
- The health of the child
At the heart of the court decision is the wishes of the child in question. Combined with the considerations listed above, interstate child custody issues are quite complex and worthy of legal representation.
The Uniform Child Custody Jurisdiction Enforcement Act
California recognizes the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) as the primary source of reference for interstate custody issues. This federal act serves as a useful tool in collaborating with other states.
Among the most important features of the act are:
- Home state: The state in which a child currently resides or whose residency is six months or longer is their home state. The home state has jurisdiction under the UCCJEA in matters involving interstate custody issues.
- Emergency state: If the child resides in another state due to safety issues, the new state of residency may exercise emergency jurisdiction.
- Relationships with others: A child who has not resided in a state for a minimum of six months may share close relationships with others in their new location. The nature of these relationships —like that of grandparents—can often play a significant role in determining jurisdiction.
These are just a few examples of how challenging and confusing child interstate custody issues can become. Failure to fully understand state and federal laws can result in custody changes you did not foresee or want. A lawyer from the Pedrick Law Group can stand by your side during this most stressful time.
Custody Order Modifications
Family law matters are highly emotional for parents and children. While the child’s best interests are a top priority, the emotions parents feel toward one another can blur the primary focus. A lawyer can protect your best interests by representing you and keeping you informed throughout the process.
A modification request is necessary when one parent has a desire to relocate a child. Opposing the motion is the other parent’s right, and they can counter the motion requesting that the current order stands.
Ensuring that your motion reaches the court on time is another way a lawyer from the Pedrick Law Group can assist you. Time passes quickly, and there is generally no room for error regarding cases involving child custody. Failure to file your case on time can result in serious consequences for you and your child.
Whether you or the other parent moves to a new state, the issue of child custody is an important one. If you currently face this type of challenge, seeking legal representation can ease your mind as you learn more about your options.
You are Not Alone in Protecting Your Child’s Best Interests
The changes that brought about your new court challenge are most likely sudden and confusing. Deciding how to proceed in a way that produces the best outcome possible for your child is where a family lawyer can help you.
Reviewing the existing custody agreement and determining the best course of action takes time. Contacting a California child custody lawyer as soon as possible can help them to get to work on your case faster.
The decision to relocate to another state is your decision or that of your child’s other parent. The decision to relocate a child involves everyone and can greatly impact your child’s education and overall well-being.
Representing yourself is often difficult and may lead to negative consequences for you and our child. Proactive steps now —like that of hiring a lawyer— can perhaps prevent reactive steps later.
The Pedrick Law Group is Here to Help You
The Pedrick Law Group understands issues involving interstate child custody issues. Our negotiation skills and ability to apply state and federal laws can serve invaluable to you during this time.
We offer free case evaluations to help our clients learn more about how to move forward. The best interests of the child are paramount and deserving of the utmost protection.
Do not delay in reaching out to us today. A member of our team stands ready to represent you in this most important matter. Childhood is a special part of everyone’s life. Let us get to work in identifying any red flags concerning the possible relocation of your child.
At The Pedrick Law Group, we firmly represent our clients in matters involving child custody. At the same time, we treat our clients with care and respect. Many members of our team are parents themselves, and we can relate to issues concerning children.
Co-parenting from different states is possible. Deciding if it is right or the best situation for your child is something for the courts to decide. Legal representation can safeguard your child’s future by ensuring their best interests are under consideration.
Time is of the essence, so do not delay. Our team proudly serves parents in Orange County, Encino, and the surrounding area. Contact us for a free case evaluation today.