How Does Child Custody Work if the Two Parents Live in Different States?
Parents who live in different states face a greater challenge than those who reside in the same state. The courts must determine which state has jurisdiction over the case. This could make determining the child’s best interests even more challenging. Westchase Law, P.A. understands how to handle interstate custody cases. Our Tampa, FL, child custody attorneys can help with your case.
How is jurisdiction established in interstate child custody cases?
Courts will determine jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This is a federal law that helps the courts decide which state is going to make custody decisions on behalf of the children. In most cases, the home state will have jurisdiction. The home state is whichever state in which the child has lived for the past six months.
How do custody arrangements work when the parents live in different states?
Florida has two types of child custody: physical custody and legal custody. Physical custody refers to which parent the child lives with. Legal custody refers to the right to make legal decisions on behalf of the child.
- Sole custody – In situations where long-distance co-parenting is impossible or disruptive to the child, the court may award one parent sole physical custody. This means that the child will live primarily with that parent. The other parent would receive visitation rights, which might include longer visitation periods.
- Primary custody – If one parent has the child for the majority of the time, it’s referred to as primary custody. The other parent may have extended visitation, including summer vacations and other school breaks. The primary custodial parent would manage day-to-day decisions regarding the child.
- Joint custody – When the parents live in different states, joint custody can be extremely challenging. However, joint legal custody would allow both parents to make key decisions on behalf of the child. While interstate joint physical custody might be possible, the courts generally try to focus on the stability of the child. Courts would usually try to avoid frequent long-distance transitions for the children. Instead, the courts might award joint legal custody if it makes sense to do so.
Mediation is an option for parents who live in different states
Mediation is a possibility when you and your co-parent live in different states. It offers you the opportunity to create a customized parenting plan that works for both parents and the children. The benefits of mediating a dispute like this include:
- Amicable environment – Mediation can reduce animosity when it comes to divorce. This helps build a healthy co-parenting relationship.
- Control over the outcome – Mediation allows parents to craft plans that are tailored to their needs. That’s not the case when a judge is making decisions on your behalf.
- It’s cost-effective – Mediation is almost always less expensive than litigation and results in quicker settlements. This reduces both the financial and emotional toll on both parents and their children.
Talk to a Tampa, FL Child Custody Lawyer Today
Westchase Law, P.A. represents the interests of parents in custody disputes. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
