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Child Custody Issues When Parents Live in Different States

Child Custody Issues When Parents Live in Different States

If you and your former partner live in different states after your separation or divorce, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) states that you both must file for custody in the state where the child lives. Federal law defines this as the state where the child has resided for the past six months.

Therefore, the parent who lives outside of the child’s home state must take legal action from afar. There are a few key considerations to make if you’re facing this situation. 

Handling custody arrangements when parents live in different states

Just because one parent lives in Ohio and their child lives in another state does not mean the noncustodial parent’s responsibilities go away. While it is rare for parents in separate states to have joint physical custody, those who live in neighboring states often share legal custody. It is also common for one parent to have primary custody of a child throughout the school year, and then for the other parent to have substantial visitation time in the summer months.

In any circumstance, child support obligations remain the same, regardless of how far away the noncustodial parent lives.

Modifying custody arrangements when parents live in different states 

The child’s home state maintains jurisdiction over a custody order after the court first issues it. If either parent wants to make changes to the custody arrangements, he or she must go through the court system in the child’s home state. If the child lives outside of Ohio, custody modifications must still be filed in the state that issued the divorce or the last custody order. Custody orders are enforceable in other states, so if the noncustodial parent is not following the orders the court issues, the custodial parent can still have that order enforced — even though the other parent does not live within that court’s jurisdiction.

Your child custody arrangement may depend on numerous factors, including where each of the children’s parents live. To learn more about your options, speak with a skilled child custody attorney in Dayton, Ohio at Fox & Associates Co., LPA.

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