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What Does the Law Say About Interstate Child Custody in Kansas?
If you’re going through a divorce and live in a different state from your children’s other parent, you may wonder how the child custody case will play out. Problems may arise when determining which state to file the case in, especially if both parties prefer to file it and have it tried in their home state. Fortunately, family lawyers in Overland Park can guide you through the process.
They explain that specific rules stipulate the state with the legal jurisdiction over the child custody case. The law is the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The intricacies of the law might be complex to navigate by yourself, so it’s crucial to work with skilled legal experts for the most favorable outcome.
What is the UCCJEA?
The law requires that a state has jurisdiction over a matter before it can rule. The UCCJEA helps determine the state with jurisdiction in custody cases when parents live in different states. It aims to minimize the following:
- Conflict between court rulings over custody matters
- Children abductions
- Dragging of custody cases by choosing a state where a parent can have a better outcome
- Having the same custody case tried in multiple states
Child custody attorneys in Overland Park add that the Act also streamlines enforcement of custody orders between states, giving the state with jurisdiction the continuing mandate to rule over the case.
How Is Jurisdiction Determined?
Determination of the state that should have jurisdiction in a child custody case depends on the state with the child’s best interests. Preference is often given to the state deemed the child’s home state. The home state is where the child lives or the state they lived up to six months before the custody proceedings started, assuming one parent still lives there.
The law recognizes a few instances in which a state may not have jurisdiction over a custody case:
- If the child has no clearly defined “home” state
- The state declines jurisdiction over the proceedings
If these circumstances occur, jurisdiction would be determined based on “significant connection.” Significant connection implies that the child has significant connections to that state, and substantial evidence is available to prove the connection. The child doesn’t have to reside in that state to claim jurisdiction based on a significant jurisdiction.
Sometimes, two states may file for jurisdiction based on a significant connection. Jurisdiction is often granted to the state that filed first. Navigating these issues takes some time, but the likelihood of working them through and gaining a favorable outcome is higher when working with experienced Overland Park child custody lawyers.
Can I Change State Jurisdiction During a Child Custody Case?
The laws encompassed in the Uniform Child Custody Jurisdiction and Enforcement Act serve to prevent parties to a case from “forum shopping,” which implies moving to a state that is likely to favor them in the case outcome, different from what it would have been in a different state.
However, child custody lawyers in Overland Park explain that if you have to move to another state and want the state to determine the case there, you should gather all the necessary evidence regarding your residency and that of your child in that state. Examples of documents that could support your case are:
- Your state-issued identification and voting records
- Your child’s identification, vaccination, medical, and school records
- Bills reflecting your residency within the state
- Lease agreements and mortgage paperwork
- Any documentation regarding your residency and your child’s residency in a particular state
- Property tax records and any other relevant document that proves your residency and that of your child in a specific state
Once a court makes an initial custody determination, you should contact it regarding any changes in your residency before petitioning any other state for a change in the custody situation. If the court didn’t permit you to relocate initially, you must get court approval before moving. Relocation without approval is usually not the best way to change custody.
What Factors Do Courts Consider in Determining Interstate Custody?
The guiding principle in child determination cases is usually the child’s best interests, not necessarily the parents’ wishes. Courts evaluate several factors in determining what’s best for the child, such as:
- The child’s social and family ties within the community they reside in
- The ability of the child to adjust to a new environment with the fewest disruptions possible
- The bond between the child and each parent
- The parent that is most willing to cooperate in helping the child maintain a strong bond with the other parent
- History of spousal or domestic abuse
- The child’s wishes if they are old and mature enough
Courts don’t give preference to either the father or mother but review each case individually, depending on the specifics. Work with skilled Overland Park family law attorneys to help you present a solid case and enhance the chances of a favorable outcome.
A Skilled Child Custody Lawyer Providing Legal Counsel on Interstate Child Custody
Navigating child custody when the parents live in different states can be complex, given that the UCCJEA kicks in to determine the state with jurisdiction over the matter. Determining which state to file your case can be complex unless you have the legal guidance and representation of experienced family attorneys in Overland Park.
They can help you unpack jurisdiction matters to ensure you file your case correctly, overcoming the challenges most parents face in interstate child custody cases. Barnds Law LLC hosts knowledgeable child custody lawyers who can review your case and guide you accordingly. Let us work with you to fight for the most favorable outcome. Call us at 913-270-0505 to schedule a case assessment.
