How Are Family Law Cases Resolved if People Live in Different States?

Use these links to jump to different sections:

• Understanding Jurisdiction in Family Law Cases
• Key Factors Influencing Interstate Family Law Cases
• Practical Steps in Managing Interstate Child Custody
• Find Legal Advice

Family law cases become more complicated when the parties involved live in different states. Laws vary from state to state, making understanding local and uniform laws governing interstate family matters essential. Jurisdiction is key to determining which state’s laws will apply, and understanding how this affects your child custody case is vital. To navigate these legal complexities and ensure that your rights are protected, seeking guidance from an experienced family law attorney is crucial. Explore how jurisdiction works in interstate family law cases and the steps you can take to address these challenges.

Understanding Jurisdiction in Family Law Cases

Jurisdiction is the term used to describe the authority a particular court has to hear and rule on a case. Each type of court has its own exclusive jurisdiction. Because family law is established at the state level, family courts have jurisdiction over child custody law matters that take place within the state. This can become complicated when the parties involved in a family law matter reside in different states. Before a family law case can be heard, jurisdiction must be determined. The case’s outcome can be very different depending on which state hears the case. For example, if one person lives in Texas and the other in California, it must first be determined which state has the rightful jurisdiction and authority to hear the case. 

Reid T. Sherard is a family law attorney at Haynsworth Sinkler Boyd in Greenville, South Carolina. He explains why parents in different states is a challenging hurdle to overcome when representing clients in family court. “Having parents in different states is pretty unusual to start with, but it can come up. To me, geographic distance is one of the most difficult issues I deal with in child custody matters. Money can always be negotiated, and typically, time with children can be negotiated if people are local. But if you live five hours away, I can’t make five hours shorter than five hours.”

Because state laws can vary significantly, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was enacted. This federal law outlines the guidelines for determining which state has rightful jurisdiction over child custody. The act was implemented to help reduce the risk of conflicting custody agreement decisions being put in place in different states. Under the act, the child’s “home state” will be decided. The act also prevents one parent from moving the child to a different one in an effort to get a more favorable child custody determination. The child’s home state is where they have lived the longest in the last six consecutive months. States generally will not exercise jurisdiction if the child has not lived in that state long enough or if another state is already handling the child custody proceeding.

Once a court in a state makes a custody order, that state retains jurisdiction over any future modifications or enforcement of that child custody order unless the child or family moves to a new state and meets specific legal criteria. If a parent wants to change the custody arrangement, they must usually request the change in the court that originally made the ruling.

The Uniform Interstate Family Support Act (UIFSA) covers interstate child and spousal support issues. The goal is to enforce support orders across state lines. This act allows a parent or spouse to file for support in the state where they reside, even if the other parent or spouse lives in a different state. Under UIFSA, the state where the child support order was originally issued generally retains the authority to modify or enforce the court order.

Key Factors Influencing Interstate Family Law Cases

Generally, for a state to have meaningful jurisdiction in a child custody dispute, there needs to be more than just residency for the child and their parents. For there to be a significant connection, the state must have a meaningful connection, such as where the parents live, the student attends school, and the child receives medical care. A significant connection may allow a state to take jurisdiction over a custody matter, even if it is not the child’s home state. A state may exercise jurisdiction if it has significant evidence relevant to the child’s care, protection, training, and personal relationships. This could include testimonies from teachers, doctors, or other professionals or evidence of the child’s relationship with family members. If a state has substantial evidence regarding the best interest of the child, it may claim jurisdiction even if the child is not currently residing there.

A state may determine that it is an inconvenient forum for handling a family law case, meaning that the state may refer the case to a more appropriate forum. This can happen when the parties and relevant witnesses are all located in another state. It is more practical to have the case heard in the other state. The state may also lack sufficient resources to address the case. The state would decline jurisdiction, giving the other more appropriate state the jurisdiction to hear the case.

Practical Steps in Managing Interstate Child Custody

Once the custody of the child is in place with a custody order, the parents may need to take steps to enforce it. For out-of-state enforcement, the parents must register in the new state’s court system. That way, the new court can enforce or modify the order issued by the original court. Typically, the parents will fill out a registration form and provide a copy of the original custody or child support order.

Sherard explains how legal jurisdiction is determined when representing parents who live in different states and are attending family court for custody matters. “You look to the UCCJEA, which talks about which state is a child’s home state—typically, the state the child lived in for the most recent six months.”

Once an initial custody determination is in place, the new state can take action to enforce the order’s terms. This could include garnishing wages, suspending their driver’s license, or more aggressive means of enforcement. If the need for modification arises, the new state’s court may be able to do so. This depends on whether the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) or UIFSA (Uniform Interstate Family Support Act) gives it jurisdiction.

If the custody or support order was issued in a different state, the state court where the child is currently residing will handle the enforcement or modification of that order. The court will examine whether the circumstances justify modification, such as a substantial change in the child’s needs or parental circumstances. Family courts may facilitate mediation or set hearings to resolve disputes between parents regarding visitation, support, or custody modifications.

Open and respectful communication between parents is essential for successful co-parenting, especially when one parent moves across state lines. This involves discussing visitation schedules, holiday arrangements, and other major decisions regarding the child’s welfare. Parents should work together to minimize disruptions to the child’s routine, making efforts to maintain consistent contact and quality time with both parents. Co-parents should remain flexible, understanding that the child’s best interests may involve adjustments in visitation or support due to changes in location, work schedules, or the child’s needs. Planning ahead for transportation, holidays, and school breaks can help minimize potential conflicts and misunderstandings.

Find Legal Advice

When family law issues involve parties living in different states, navigating jurisdiction becomes a critical factor in determining the outcome. The process can be overwhelming, especially when dealing with complex issues like child custody and support across state lines. Interstate family law cases often require coordination across jurisdictions. With the right legal support, you can navigate the challenges of jurisdiction and ensure that your interests are properly represented. Consulting with an attorney ensures that you’re making informed decisions and protecting your legal rights.

Visit the Super Lawyers directory to find a trusted attorney to guide you through interstate family law matters.