Custody and a Child’s Home State

Parents living in different states may juggle complex custody discussions. This is because determining which state has the authority to decide a custody case is not always straightforward. That said, there are clear legal guidelines that help resolve disputes.

For starters, understanding the concept of a child’s home state can assist parents in accessing a fair custody agreement. Talk to a West Palm Beach family attorney if you want to learn more about custody rules and how they apply across state lines.

UCCJEA and a Child’s Official Residence

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law adopted by nearly every state. Florida follows the UCCJEA. This law is designed to provide consistency in child custody decisions across state borders.

Under the UCCJEA, the child’s home state usually has the primary authority to hear and decide custody cases. The home state is generally defined as the state where the child has lived with a parent or guardian for at least six consecutive months immediately before the custody proceedings begin. For children under six months old, the home state is where the child has lived since birth.

If a child recently moved to Florida, the previous state may still have jurisdiction until the child meets the six-month residency requirement. But there can be exceptions, such as in emergency situations or when the child has no clear home state.

Examples of When Home State Matters in Custody Cases

The designation of the home state is critical because it determines which court has the authority to make custody decisions. If a parent files for custody in the wrong state, the case may be dismissed or delayed, and the parent could lose valuable time.

A couple of examples:

• If a child has lived in Georgia for two years and recently moved to Florida, Georgia may still have jurisdiction for the next six months.
• Should both parents move to new states, jurisdiction may shift based on where the child has significant connections, such as school, medical care, and family relationships.

If there is disagreement between parents about which state should handle the case, the courts may need to communicate with each other to resolve the jurisdictional issue.

Interstate custody issues can be complicated, especially when parents are in conflict or when emergency protections are involved. It is essential to speak with an experienced family law attorney early in the process.

Trying to handle a multi-state custody matter without legal guidance can lead to costly mistakes and emotional frustration. A West Palm Beach family attorney can help you determine which state has jurisdiction and inform you of your rights under the UCCJEA. Your lawyer also has the skills to properly file custody paperwork and introduce you to best legal practices to protect your relationship with your child.

Could you use advice as you face a custody issue that spans across state lines? Talk to the qualified family lawyers at Bruce S. Rosenwater & Associates, professionals who can help you navigate the legal landscape and focus on what matters most, your child’s well-being. Schedule a confidential consultation today.