Who Has the Ball

Let’s chat about child custody, and who has the authority (jurisdiction) to issue and enter (filing) custody orders. The first thing to know is that the initial determination of which state or country has the “ball” depends upon where each child has lived for the longest the most immediate six months prior to filing a custody lawsuit. (It’s called the Uniform Child Custody and Jurisdiction Enforcement Act). The UCCJEA has been adopted by most if not all states. And they try to follow it to the letter, in order to resolve who has the “ball” when parents live in different states or countries and each file custody lawsuits.

Sometimes it is not too clear, especially if the child(ren) are toddlers, and the parents are doing true shared custody (say 30 days on 30 days off) between states. Then it can get problematic.

Now, if the child is younger than six months old, and is going back and forth, then it depends upon which state or country has the most contacts with the child, or the witnesses issue.

Yeah, it can get complicated.

Here’s another thing. Say there is a custody order issued in New York. The kids come to NC, and the custodial parent still lives in NY. The kids say there is all this physical abuse, drugs etc.….well the parent who is exercising the visitation in NC, could file an emergency jurisdiction lawsuit to halt return of the children to NY, but that is to give that parent time to file in NY for emergency motions to modify custody and motions to modify custody on a permanent basis. You cannot just go filing new custody lawsuits as if you are starting from ground zero when a custody order already exists.

Another warning. You all doing custody provisions in Separation Agreements, then allowing the kid(s) to relocate to another state without filing for custody before they depart, and locking in the jurisdiction, will lose jurisdiction to the new state in six months unless you file before that six-month mark ends.

Example: Parents reside in NC. One is staying. The other is moving to Montana. They execute a separation agreement (a contract) with custody terms. One parent moves to Montana and lives there for a year. That parent refuses to allow the kids to see the NC parent. The NC parent files for custody here. It’s a no go. Why? The kids left NC and were already out of the state at least six months and NC parent filed “nada.” Ya. The NC parent must fight the custody battle in Montana.

What’s the solution: hire an experienced family law attorney and stop using AI and “Dr. Google.”