Because many mothers and fathers move from one state to another, some parents encounter issues related to interstate child custody issues. Typical problems include child custody, visitation rights, child support and enforcement of court orders.
A particularly difficult situation arises for parents who move from the community in which the legal action was initiated. The court in that community is the "court of original jurisdiction." That court retains certain authority and power, even when it is inconvenient for one or both parents to continue using it.
A common situation arises when non-custodial parents move from the state in which they were ordered to pay child support – but refuse to pay. Custodial parents face a problem. The local court can make an order to help them, but the order is likely to be ineffective. This is because the local court does not have the power to enforce its order in another state. The legal term used for another state is "foreign jurisdiction." For parents trying to enforce a child support order of one state in another state, it can truly seem like they are attempting to have something done in a foreign country.
An even worse situation can occur when no legal proceedings were initiated before one or both parents moved from the state in which they were associated. One parent may initiate a proceeding in a foreign jurisdiction that does not serve the best interest of the child. To correct this problem, a complex process is begun to determine which court will accept jurisdiction of the case. The process can be VERY time consuming and expensive.
Fortunately, all 50 states have recognized these problems and have passed a law that adopts the concepts contained in the Uniform Child Custody Act. Although the wording of the Uniform Child Custody Act can vary slightly from one state to the next, it does provide a means to deal with the complex issues associated with child custody, support and visitation issues.
Obviously, if child custody problems arise, parents should contact an attorney. If you are a single parent who has moved from one state to another state, or are considering doing so, you should know the Uniform Child Custody Act. Understanding it could help avoid or solve problems.
