Addressing child custody if it crosses the border

Addressing child custody if it crosses the border

| Oct 20, 2018 | Firm News

There are plenty of reasons why people move whether it is for a job, family members or a change in scenery. However, crossing state borders often complicates child custody agreements and possible divorce proceedings.

In almost every state, including California, the court has specific procedures to modify custody agreements. It’s crucial for both parents to be aware of the process and change the custody conditions before anyone packs their bags.

Living in different states

California courts typically work with the parents to resolve custody issues before they arise. However, the court follows specific guidelines while addressing custody cases across states. The state will examine:

  • The child’s home state – where the child has lived in the last six months or was living a majority of the time if they were removed from the state.
  • Connections in the state – where the child formed the most relationships between friends, teachers, family members, etc.
  • The child’s current treatment – where is the child receiving the best care for them as well as if there is a danger of abuse in a certain location.

After the courts examine these three requirements, they will often suggest the best agreement for the couple. It’s crucial to note that most states will recognize a child custody agreement, which means Nevada will not overrule an agreement made in California.

If there are future modifications necessary in an agreement, you would have to revisit the same state that drafted the initial decision. California, along with most states, hold onto this rule to keep consistency for custody decisions and avoid problems with custody issues between parents.

Custody agreements are draining on both parents, especially if both parents want to remain active in their child’s life. Consider different ways to connect with your child over long distances, including virtual visitations or call schedule. It will release some of the emotional and legal tension between you and your spouse.

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