An Attorney's Role in Complex Interstate Child Custody Matters
When parents divorce, the courts work diligently to find solutions that are in the best interests of the children. This is the legal standard followed for all issues involving kids, including custody. But when the parents live in different states, the issues become more complex because it is possible that the law of both states applies. In order to get results that benefit your children, an interstate child custody lawyer is needed. The family law attorneys at Rombro & Associates in Manhattan Beach, CA, fight for what is best for your children and for you as a parent. We work hard to protect your rights while advocating for the needs of your family.
Interstate Child Custody: An Overview
When there is a question as to where custody issues should be resolved, the courts look to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law sets forth the circumstances under which a state may exercise jurisdiction over a child custody matter. These include:
- The laws of the child’s home state govern
- Another state has not yet exercised jurisdiction, and California has a significant connection to the case (such as California being the home state)
- The other state has agreed to allow the matter to proceed in California
- There are no other states with jurisdiction
Each of these scenarios includes legal elements that must be applied to the facts of the case. Once a final determination is made pursuant to the UCCJEA, the appropriate state then hears the matter and decides the issues.
Application of the UCCJEA
In California, the circumstances permitting an exercise of jurisdiction over an interstate child custody case are applied by looking at the child’s home state, or the state where the child lived at least six months prior to the action being filed. If the child has not lived in one state or another for that time period, California may exercise jurisdiction provided there are significant connections to the matter. A significant connection is decided by looking at where the child will receive the majority of their care and protection, or where they have personal relationships. California is also permitted to take on the case if no other state has done so, or the other possible states involved have deferred to the jurisdiction of the California courts.
How We Can Help
Aside from being quite emotional, child custody issues are very complex. This is true of cases where both parents reside in California, and even more so when one parent lives out of state. The distance between parent and child is more than geographic, and having findings made in another state that will impact your child in California may be detrimental to the well-being of your child.
Disputes over child custody are emotional and the stakes are even higher when parents live in different states. Our attorneys work hard to protect your rights while advocating for the needs of your family.
One way an order from another state court might be harmful to your child is if the child support guidelines are drastically different and call for a different support payment. This could also be said for custody, where another state may have child custody laws that do not meet your child’s needs. Having your case decided in the proper forum, where you have an idea of what to expect, helps to put you at ease so you can focus on your role as a parent.
Contact Our Firm Today
The team of lawyers at Rombro & Associates puts the needs of your children first, and are here to help you navigate the complexities of family law issues. Contact us online or call (310) 545-1900 today to schedule a consultation.
“I am very satisfied with Roger Rombro service. I now have more time with my kids and enjoying every bit of it. Not many attorneys you will find that truly cares about your issues. Roger sincerely does. Thank you so much Roger and team!” - Cash