Did you know that families can confront special issues with custody orders and modifications when the child’s parents live in different states? In fact, managing custody across state lines adds new legal elements to an already complex area of Family Law.
This topic is examined from a Pennsylvania perspective by Abom & Kutulakis Attorney Stephanie L. Cesare during her guest appearance in the legal podcast, Making A Way: Custody Litigation Across State Lines.
“This is a very complicated statute,” Attorney Cesare said.
Maryland attorneys and mediators Sandra Guzman Salvado and Jessica Zarrella host the podcast which provides information to parents who may want to move away from or into the state of Maryland from another state; in particular, parents who are divorced or separated and have to share children. Along with a Pennsylvania view from Attorney Cesare is a take on Virginia’s approach from guest Virginia Attorney David Marquart.
“This is a very complicated statute.”
Attorney Stephanie L. Cesare
Cesare said that a parent who moves into the state of Pennsylvania can only file certain custody actions after meeting a residency requirement. “To file in Pennsylvania… they have to be living in the Commonwealth for six months,” she said.
Each state has its own guidelines. However, there is another set of rules that applies to most states (including Pennsylvania) under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCEJA). They determine, among other things, which state is a child’s ‘home state.’ These rules come into play anytime parents plan to move to a new state.
A knowledgeable custody attorney will be able to supply legal advice and correctly apply the UCCEJA rules as well as individual state custody laws in cases where custody is shared across state lines.
Listen here as the attorneys discuss aspects of this issue including:
- Determining jurisdiction
- Meeting requirements of the home state
- Registration of a court order
- Courts and judges that must be involved
- Notification of parties
This post is not intended to serve as legal advice. Consult with your attorney for guidance on your specific situation.