{"id":351648,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/interstate-custody-arrangements.html"},"modified":"2023-06-08T13:06:42","modified_gmt":"2023-06-08T18:06:42","slug":"interstate-custody-arrangements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/interstate-custody-arrangements.html","title":{"rendered":"Interstate Custody Arrangements"},"content":{"rendered":"\n
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Interstate Custody Arrangements<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Child custody arrangements can be complex when parents live in different states. Under federal law, states must accept and enforce, if necessary, child custody orders from a different state. <\/p>\n\n <\/div>\n\n

You jumped through all the right hoops following your divorce. You thought you had the whole custody thing figured out. But what happens to your child custody<\/a> order if you move to a different state? Or if your ex moves to a new state? Will your custody order follow your kids’ visit to Massachusetts if you live in the District of Columbia? <\/p>\r\n

You can usually relax, as custody orders are nearly universal. It’s not uncommon for divorced or unmarried parents to live in different states. However, living in different states can make co-parenting more challenging.<\/p>\r\n

Basics of Interstate Custody<\/h2>\r\n

If the non-custodial parent’s visitation rights are affected by the move, you need to file a motion in the state that issued the order before moving.<\/p>\r\n

In some cases, moving across a state line does not affect the child’s time with the non-custodial parent. The parents may still follow the visitation schedule if distance is not an issue. It sometimes helps to address how to handle an out-of-state move by either parent in the initial parenting plan or child custody agreement.<\/p>\r\n

In cases where a parent wishes to move and the other parent does not agree to the move, a court will focus heavily on comparing what the child’s life will look like if the court permits the move versus not allowing the child to move and potentially changing custody to the other parent.<\/p>\r\n

Abuse and Domestic Violence in Interstate Custody<\/h2>\r\n

Imagine a situation where domestic violence is happening in a family. A person acting as a protector, such as a grandparent, has taken physical custody of the child to keep them safe. This person might move to another state for the child’s safety and care. This is where the interstate "full faith and credit" custody law comes into play.<\/p>\r\n

The following explains the full faith and credit custody law and when and where it applies. This law applies to interstate child custody.<\/p>\r\n

Parents With Sole Legal Custody and Sole Physical Custody<\/h2>\r\n

It is typically easier for a parent with sole legal custody and sole physical custody to move. Parenting time for the non-custodial parent can often be adjusted to maintain the child’s relationship with that parent.<\/p>\r\n

Joint Custody in Different States<\/h2>\r\n

Joint custody<\/a> situations have some nuances. It’s important to know that a child custody order in one state is valid and enforceable in other states. So, custodial parents can’t simply move across state lines<\/a> without following certain procedures.<\/p>\r\n

In such cases, the Full Faith and Credit Clause and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) come into play.<\/p>\r\n

Many courts now incorporate new forms of contact, like using video calling for "virtual visitation<\/a>." Read on to learn more about how the law can apply to interstate custody situations.<\/p>\r\n

The Full Faith and Credit Clause and Interstate Custody Arrangements<\/h2>\r\n

The "Full Faith and Credit Clause" is a provision in the U.S. Constitution. This clause ensures other states recognize and enforce court orders and judgments issued in one state. This means a child custody case remains legally binding when a parent moves to a different state. Child support orders and custody agreements also remain binding.<\/p>\r\n

Even with this clause, judges would routinely disregard interstate child custody arrangements in the past. Instead, courts would issue new orders and judgments based on the evidence that was before them at the time.<\/p>\r\n

As you can imagine, conflicting custody awards for a single child could create great confusion. If one parent went to take a child based on a custody award from state X, she could be arrested for kidnapping in state Y. But, thanks to the UCCJEA, many of these problems have been resolved.<\/p>\r\n

Full Faith And Credit Given To Child Custody Determination
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Congress passed the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)<\/a> to create consistency in state custody laws<\/a>. This federal law requires every state to enforce any custody or visitation determination<\/a> made by a court of another state. The law stems from the Constitution’s Full Faith and Credit Clause, so it is often known by that name.<\/p>\r\n

For example, authorities in California have to enforce and abide by custody orders made by a Florida court. This applies to minor children and includes permanent and temporary orders, initial orders, and modifications made by the \u201chome state" court.<\/p>\r\n

The federal statute defines the home state as the state where the child lived with either one or both parents for at least six consecutive months. If the child is under 6 months old, it would be the state where the child lived from birth with either parent. Temporary absences do not usually interfere. Mere physical presence in a state isn’t enough.<\/p>\r\n

Applicable Custody Determinations<\/h2>\r\n

To qualify under the Full Faith and Credit custody law, a child’s home state court must make custody or visitation determinations. It has jurisdiction under the state’s laws<\/a>. A court could also have jurisdiction if:<\/p>\r\n