Can I See My Child if I Move Out of State?

Can I See My Child if I Move Out of State?

Posted By R. Gregory Colvin LLC || 25-Jun-2019

It’s not unusual for unmarried or divorced parents to live in separate states. While it does make co-parenting more challenging, it can still be done.

Even if a parent moves out of state, they still have custody of their child and all the responsibilities that come with it.

The custody order agreed upon by the parents will still be valid if one parent decides to move to a different state. The Full Faith and Credit Clause requires judges to enforce any valid judgment or decree issued by a court, even if it was set up in a different state.

Uniform Child Custody Jurisdiction and Enforcement Act

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA) is a nationally recognized legal act that excludes a court that isn’t in a child’s home state from ruling on any custody arrangements. This is especially helpful if a parent takes their child out of state and is somehow intercepted by the court system in the new state. The courts in this state have no jurisdiction over the child and cannot make any decisions having to do with the original custody arrangement.

The UCCJA states that a court can make a decision about a custody arrangement if:

  • the state is the child’s home state;
  • the child has important personal connections in the state; and
  • the child is in the state for safety reasons.

If a state court doesn’t meet the above three requirements, it has no jurisdiction over the child and cannot make any child custody rulings. In this situation, if a parent brings their child to a new state and attempts to seek custody, they will be denied because it isn’t the child’s true home state.

If a parent has a prior custody agreement before moving states, it will remain intact regardless of location. However, if the parent moves without an agreement in place and without consent from the other parent, they will be denied custody while in the new state. An attorney with custody law experience can help draw up interstate custody arrangements and visitation schedules.

Reach Out to R. Gregory Colvin, LLC

Our family law attorney has over 25 years of legal service to his name. If you are moving out of state and need to draw up a custody arrangement, we’ve got you covered.

Contact us online or call our firm at (407) 603-3460 for a consultation.

Categories: Child Custody, Family Law

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