It’s A Bad Idea

Moving out-of-state with a child from a previous relationship can have unintended consequences if you do not follow the proper procedures when relocating. There are a couple of situations that you must be aware of when moving out-of-state as follows:

Current Parenting Plan or Child Custody Order

If there is a current parenting plan/custody order, the relocation laws must be followed before you move. Relocation actions can get complicated and this article will not go into detail regarding relocation actions. I will save that for another day. The next situation is what this article will address.

No Current Parenting Plan or Child Custody Order

I have seen so many people who have been in a situation where they moved out-of-state with a child while one parent remained in the state. Unfortunately, these parents moved out-of-state without figuring out the custody situation.

The Gamble

It is true that having the “home field advantage” in a custody situation is desirable. In other words, most people would rather set up a parenting plan or child custody order in the State where they plan on living. The problem with this situation is that “it takes two to tango”, and the other parent has equal rights to custody and visitation. In the absence of a parenting plan or child custody order, these rights are pretty much absolute. Moving out-of-state without a parenting plan or child custody order is a gamble, and I’ll tell you why.

6 Month Window

There is a 6 month window after you move which could be a huge problem for you. Basically, the state that you move from keeps jurisdiction over all child custody matters for 6 months as the “home state” of the child. It really doesn’t matter what state you move to/from because the 6 month window is part of a uniform law called the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act) which almost every state has adopted (in part).

Once you move and the 6 month window is in effect, the other parent could file a custody action in the home state. Because the other parent filed within the 6 month window, you are put at a serious disadvantage. Now, you will need to retain a lawyer or get alternative legal assistance in the home state of the child. The other parent has the immediate advantage of filing the action within the home state of the child and within a short period of time after the move. This means that there may still be substantial evidence in the home state by which to establish a case for custody.

Inconvenient Forum

Once the other parent files and correctly alleges that their state of residence is the home state of the child, the home state then has the power to make an “initial custody determination”. Furthermore, upon the entry of the custody order in the home state of the child, that state retains “exclusive, continuing jurisdiction” to modify the order until one of a few conditions no longer exist. Mainly, the court of the home state will retain continuing, exclusive jurisdiction until neither the child or either parent continues to live in the state.

If this situation occurs, one defense is to object to the allegation of home state jurisdiction as an inconvenient forum. Inconvenient forum is a beast in and of itself, so I will tackle that in a future article.

Hopefully this article taught you something that you did not know about moving and uniform child custody jurisdiction laws.