A child custody dispute can create an excessive amount of stress for you and your child. While getting through the issues associated with one of these cases can be tough, they can be even more challenging when parents live in different states or different countries.
This is because there are oftentimes problems and confusion with figuring out which state or country’s law applies as well as which court has jurisdiction over the custody case at hand. There can also be enforcement issues when the state or country of the custody order’s origination differs from where it needs to be enforced.
Fortunately, you don’t have to get lost in the complexities involved in these cases. Instead, you can educate yourself on Uniform Child Custody Jurisdiction and Enforcement Act, known as the UCCJEA, and the Hague Convention, which specify how interstate and international child custody issues are to be handled. Let’s look at how these laws may be able to help you deal with the child custody complexities that you’re facing.
What to know about interstate custody issues pursuant to the UCCJEA
First off, it’s worth noting that the UCCJEA isn’t a substantive child custody law, meaning that it doesn’t specify how custody determinations are made. That best interest determination is going to be made pursuant to the home state’s law.
That said, if your child’s other parent is refusing to abide by an existing custody order and you live in a different state than the one where the custody order was issued, then you may be able to use the UCCJEA to register the custody order in your state and seek enforcement.
Depending on the circumstances of your case, you might also be able to change the determination of which state is considered the child’s home state.
This is important because changing this determination gives your state’s court the ability to modify the existing custody order, thereby preventing you from having to go to court in the other state to seek modification.
How the Hague Convention can help with international custody issues
Similar to the UCCJEA, the Hague Convention can give you an enforcement mechanism related to your existing custody order when one of the parents lives in a different country. Generally, the country where the child habitually resides issues custody orders, but the Hague Convention creates a central authority in each signatory country that helps locate children who have been subjected to international parental abduction.
To acquire return of a child, though, a parent must present evidence of a valid custody order. They should also be prepared for the other parent to argue that return of the child places the child’s physical or psychological safety at risk, the child refuses to return or that the child has already settled into a new life in their new country. This last argument tends to arise when enforcement of a custody order is sought after a long delay.
Are you dealing with complicated interstate or international custody issues?
If you are, then you need an understanding of the law’s complexities before moving forward. That can be tough to do when you’re unaccustomed to dealing with these challenging issues, but help is available.
If you have questions about the best way to get through the nuances of your child custody case, now is the time to turn to whichever resources are most helpful for you.
And don’t hesitate, as waiting too long could lead to undesirable consequences that are harmful to your child’s wellbeing and your relationship with them.