The joys of moving from one place to another. A young girl hugs her bunny as her bedroom is packed up
When there is a child born to parents who are divorced, separated, or were never married, there is usually a child custody arrangement put into place by the courts. Sometimes, the parents live in different states, so in order to simplify the custody arrangement, the courts have put into effect a law called the “Uniform Child Custody Jurisdiction and Enforcement Act.” Under this act, wherever the child has lived for 6 months or longer, has connections to such as schooling, friends, teachers, counselors, etc. is usually considered the child’s home state.
Whatever custody arrangement this state has made regarding the child and his/her welfare is the arrangement that will be put into effect. This arrangement is legally binding and the parent who lives in another state cannot file for a different custody arrangement in the state that they live in.
The child however, may come to visit their parent who lives out of state as long as it is in the custody arrangement. Under certain circumstances this can be bypassed, such as when there has been proof of abuse or neglect in the home where the child normally resides. There is also another law that protects the original custody arrangement that was made in the child’s home state that is called the “Full Faith and Credit Custody Law.” Under this law, the parent that has sole custody of the child and lives with the child in their home state, can take their child out of state on vacation or to see their other parent, grandparents, other family or friends without the custody arrangement and terms being effected.
The parent can also move out of the home state if, for instance, they obtain a better paying job in a different state. The full faith and credit custody law protects the original custody arrangement when the child needs or wants to leave their home state. In cases of neglect or abuse of the child, the courts can decide to remove the child from the state and relocate them to another state with their other parent or possibly other family members, depending upon the situation.
The state that the child is moved to will become their home state in legal terms. This means that the new state will have the authority to change the original custody arrangement if they feel that it is in the best interest of the child. The previous state will no longer be the child’s home state and they won’t be able to change any arrangement that the new home state puts into effect because of the terms listed under the full faith and credit custody law and the uniform child custody jurisdiction and enforcement act.
For more information about the above listed custody laws or any other questions regarding child custody, consult a child custody attorney. Ensure the custodial agreement is fair and respected, don’t loose your relationship with your child. Call an experienced child custody attorney who can help you obtain the best possible outcome.
