We live in a mobile society. It is not uncommon for two parents to live in different states. Child custody cases become much more complex in these situations, not only because of the physical distance between the parents but because of differing laws in each state.
At Feinberg & Waller, APC, we have decades of experience representing parents in interstate child custody proceedings. Our attorneys will work hard to protect your relationship with your child. If your case straddles state lines, you can be confident in our advocacy.
Which State’s Laws Apply?
When parents live in two different states, which state’s laws apply? That is the key question in interstate child custody cases. The answer to this question lies in the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).
The UCCJEA is a compact signed by 46 states, including California, which recognizes that the child’s home state shall maintain jurisdiction over all issues relating to child custody and parenting rights. The UCCJEA prevents parents from removing their child from California to seek a favorable jurisdiction. If the child has not lived in California for more than six months since, the local jurisdiction may assume jurisdiction.
Our lawyers can review your case to verify the applicable jurisdiction and help you move forward with your child custody case in the appropriate manner.
Who Gets Custody of the Child?
Parents who live in two different states will have much more to think about when considering child custody arrangements. How will the child get from one parent’s home to the other’s? Who will be responsible for the cost of travel? How frequently is it reasonable for the child to travel to see the parent who lives in another state? Can other forms of parenting time be built in, like phone calls or Skype sessions?
Child custody determinations in California are based on the best interest of the child. The courts apply various factors to determine what is in the child’s best interest and the weight given to any one factor depends on the circumstances of the case. Ultimately, the goal is to do what is right for the child. We will help you accomplish that goal.
We View Your Children’s Well-Being With Utmost Importance
We understand that confidentiality is critically important when your children are involved. Our procedures and policies protect your privacy and family traditions. We promise to view your children as children, not as personal property or ammunition in a war of words. Regardless of which parent brings the case to court, our practice is to protect your children’s best interests at all times.
Don’t Hesitate to Contact Us
If you are involved in a California interstate custody battle, call for a consultation. A timely response is important. We understand that your children are the most important thing in your life, and we will fight for their best interest.
A Reputation for Excellence
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