How Is Child Custody Decided When Parents Live In Different States?

Child custody after divorce can be complicated, and that is especially true if you and your former spouse are living in different states. Not only do you decide how your children will spend time with each of you, you must decide how support payments will be paid and how much will be paid. Support payments are ultimately decided by the court based on a variety of factors. Where the parents reside is one of those factors.

How Child Custody and “Home State” is Decided

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA) dictates how courts handle custody decisions when the parents live in two different states. The Act gives courts the authority to determine which state is considered the child’s home state. The decision is based on several factors, in order of priority:

• The state making the decisions is considered the child’s home state. The child must have lived with the parent in that state for at least six months.

• The connections your child has with other people in the state will also determine if it is his or her home. For example, relationships can include teachers, grandparents, friends, doctors, and other people.

• If the child lives in a certain state due to safety reasons, it can be considered his or her home state. For example, if you moved to another state with your child to get away from an abusive ex, the new state may be considered the home state.

If a state cannot meet any of these requirements, its courts will not be able to issue a custody judgment. A judgment can only be made in one state, and once the decision is made, no other state can modify the judgment. Once the home state is determined, your custody hearings will take place in that state as they normally would if both parents lived in the same state.

How Child Support Jurisdiction is Decided

Aside from handling child custody judgments, the court will also handle child support payments. You need to decide which state will handle support: the home state, or the state where your ex lives.

Under the Uniform Interstate Family Support Act (UIFSA), you have the right to obtain child support from your ex, no matter where he or she lives. For a court to handle a support case, it must have jurisdiction over both parents. The court will declare jurisdiction over a non-custodial parent, even if he or she lives in another state if:

• The parent lived in that state when the parents applied for the custody order.

• The whole family lived together in the state where the custodial parent now lives.

• If the court doesn’t have jurisdiction over the parent, but he or she voluntarily agrees to a switch, the court will claim jurisdiction.

Why It’s Important to Correctly Choose Jurisdiction

Choosing the state that will hear the support case is important because support amounts are determined by state laws, which can vary. For example, California follows an “Income Shares Model” when it comes to determining how much child support is paid. This model requires the child receive the same amount of parental income he or she would have received if the parent still lived in the same household. Most states follow this model, but there are some that do not. These other states follow either a Percentage of Income Model or a hybrid of the two. Living in two states that allocate child support differently can be confusing.

If you are in the middle of a custody battle for your child and in need of help, contact an experienced family and divorce law professional for help.

FAQs about Custody When Parents Live In Different States:

Do custody cases become difficult when parents live in different states?

When spouses live in different states at the time of divorce, the battle for custody of your children will become complicated. Determination of place of residence, visitation, and child support become contentious issues. 

Under what law do courts settle a dispute over a child’s home state?

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA) regulates the dispute over a child’s home state when parents live in different states. The act gives power to the court to decide which state will become the child’s home state.

What factors do courts consider for determining a child’s home state?

While determining a child’s home state, the court considers how long the child has lived in a state; his or her relationship with family, friends and relatives and security.

Can a child custody judgement be challenged in a state other than the home state?

According to the law, a custody judgement cannot be challenged in a state other than the home state. Both parents would have to attend the proceedings in the home state irrespective of their state of residence.

How is child support calculated in different states?

Most states follow the Income Shares Model to calculate child support. According to this model, a child would get the same amount of parental income he or she would have received if the parent still lived in the same household. Other states follow either a Percentage of Income Model  or a mix of the two aforementioned models.

More from DivorcedMoms:

• When And Why You Should Seek Full Custody During Divorce
• 10 Must Do’s For Surviving a Child Custody Battle
• 3 Reasons Child Support And Visitation Are Separate Issues
• What Happens When One Parent Wants to Move Away with the Children?