Child Custody When Parents Live in Different States

The initial child custody decision can only be issued in one state. Another state cannot make another “initial” decision or modify the existing order. For example, if the initial order is from California and you move to another state, you will have to return to the original family court in California to make any changes or modifications. This helps achieve consistency in the treatment of custody decisions and reduce problems created by kidnapping or disagreements over custody when parents live in different states. It also keeps parents from filing petitions in another state just because they did not like or agree with the order from the original state.

If you are trying to resolve custody issues, it is a good idea to consult with a local family law attorney who has experience handling interstate child custody cases.

Child Custody in California Family Court

All states of the United States and the District of Columbia have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law sets standards for when a family court in California may make a custody decision as well as when the court must accept an existing decision from another state. This means that you can petition the California family court to make an order for child custody, even if you were previously living in another state.

California follows the rule that if no other state can meet 1 of the 3 tests below or a state can meet at least one of the tests but chose not to make a custody decision, then California can make a custody decision:

1. The state is the child’s “home” state meaning that the child has lived in the state for the last 6 months or was living in the state but is not there because of a parent’s intervention.

2. If the child has significant connections with people in the state such as teachers and grandparents.

3. The child is in the state, has been abandoned or is in danger of being abused or neglected if returned to another state.

Virtual Visitation

Due to the Internet, there are other ways for you to stay connected to your children besides e-mail and free long-distance phone calls available by most cell and landline providers. With virtual visitation, you can easily have “visits” with your children through web-based camera-computer technology.

Do I Need an Attorney?

Child custody in itself can be challenging to negotiate. Interstate child custody is more complex and will require knowledge of the law and being flexible. Consult with a family law attorney Sacramento to learn about your rights and option with interstate child custody. It can help you make a parenting plan that takes into consideration your rights and what is in your child’s best interest.