Remote Work Presents New Challenges for Interstate Child Custody Cases

Remote Work Presents New Challenges for Interstate Child Custody Cases

Which State’s Laws Apply in Interstate Custody Disputes?

One of the first hurdles in an interstate custody case is establishing which state’s laws will govern the custody determination. In general, the state that initially issued the custody order maintains what’s called “continuing exclusive jurisdiction” over future custody matters.

However, that jurisdiction can potentially transfer to another state if certain conditions are met, such as if the child and at least one parent no longer reside in the original state. Arguing for jurisdictional transfer requires demonstrating that the new state is the child’s “home state” based on specific residency requirements.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by 49 states, aims to prevent conflicting custody orders between states and facilitate cooperation on interstate cases. But gray areas remain around factors like the child’s best interests, domestic violence situations, and establishing a new home state.

Modifying Custody When Parents Live in Different States

Another common issue arises when an existing custody order needs to be modified due to one parent’s out-of-state relocation for a job opportunity. Courts will scrutinize whether the move constitutes a material change in circumstance and the degree to which the relocation prejudices the non-moving parent’s visitation.

If the court approves the relocation, a new long-distance custody and visitation schedule will need to be determined based upon the best interest factors, often paying particular attention to the following:

Some Factors Considered for Long-Distance Visitation

• Each parent’s work schedule and ability to travel
• The child’s age and capacity for extended travel
• Costs of transportation and accommodations for visitation
• Any significant ties to the child’s original residence state

Creative solutions like scheduling longer visitation blocks over school breaks rather than frequent weekend visits may be considered as “optional visits” a parent may elect to exercise with sufficient notice or remote visits via video-conference.

Properly modifying an existing custody order is critical – if a parent relocates without court approval, they risk being held in contempt and even accusations of parental kidnapping.

Crafting Fair Interstate Custody Schedules

For parents grappling with these situations, working closely with a family law attorney is essential to ensure child custody schedules are fair, legally compliant, and properly address:

Key Considerations for Interstate Custody Schedules

• Defining and designating holidays, vacations, and summer break schedules
• Allocating responsibility for travel costs and logistics
• Determining payment of child support across state lines
• Allowing for future custody modifications as children’s needs change
• Building in communication requirements like regular calls/video chats

While remote work offers more flexibility, it adds legal complexities around interstate custody matters. An experienced attorney well-versed in both your state’s laws and the UCCJEA’s interstate provisions can protect your parental rights.

If you are facing a potential interstate custody situation, the family law team at Curran Moher Weis is ready to advocate for a reasonable resolution securing your child’s best interests. Schedule a consultation today to discuss your unique circumstances.