Articles

How is Child Custody Determined When One Parent Lives Out of State?

It is important to understand what the specific laws are in determining child custody especially when you are working through the sometimes disparaging process of parental custody arrangements. Sometimes the parents of the child or children live in different states and coordinating the child custody arrangements becomes even more complicated. Knowing what your rights are if you are living out of state is a high priority.

Most states have enlisted a statue that is known as the Uniform Child Custody Jurisdiction and Enforcement Act. This statute provides standards for determining existing custody determinations between two different states. In actuality, because of this act, the state can decide the custody arrangement.

Order of Preference

There is a certain order of preference that is given to each unique situation and these are used to determine priority of custody arrangements.

Home State

In order for a state to be determined to be a child’s home state, the child must have lived with a parent for at least six months before any legal action could be taken, including the determination of child custody.

Significant Connections

If the child has significant connections to people in one state where a parent lives versus another state where another parent lives, then there is more possibility of maintaining or receiving custody in the state with more significant connections.

Safety Reasons

If there are concerns for the safety of the child, then obviously there will be more preference for the parent who demonstrates consistency of care than for one who has been charged or suspected in cases of neglect, abuse, and abandonment.

Consistency in Care

The Uniform Child Custody Jurisdiction and Enforcement Act provides consistency in coordinating child custody when parents are living in different states. While it can be confusing, it does provide a precedence for standards within the court system.

The Law Office of Lauren Cain | Texas Family Law Attorney

If you are concerned about child custody when one parent resides in another state, contact the Law Office of Lauren Cain for a consultation about your visitation and the best interests of the child. Call us at (972) 337-0016 or fill out our contact form online to schedule a consultation today.