When divorced spouses live in two different states, child custody questions are necessarily complex. This is especially the case when one parent wants to move out of state, or there are concerns of child kidnapping across state lines. If you are currently navigating a custody dispute or are seeking a custody arrangement, it’s important to understand how interstate custody enforcement works.
UCCJEA and Interstate Child Custody
Interstate child custody matters in Michigan are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is federal legislation that sets guidelines for interstate child custody orders. Forty-nine states and Washington D.C. have adopted the UCCJEA to provide consistency and ensure valid orders are enforceable across state lines.
UCCJEA and The Home State Rule
The most central concept in the UCCJEA is the home state rule, which determines which state has the authority to make child custody determinations. For the purposes of interstate custody matters, the child’s home state is the state where they have resided for at least six consecutive months before the beginning of the custody case.
For instance, if a child has lived in Michigan with a parent for seven months and then a custody case starts, Michigan would be the child’s home state. As such, the state of Michigan would have exclusive jurisdiction to make custody decisions for the child. The purpose of the home state rule is to ensure the stability of the child’s environment.
The UCCJEA has provisions to prevent parents from creating jurisdiction through unjustifiable methods. For example, if a parent wrongfully took and hid a child in a new state for six months, the courts would deny jurisdiction.
Enforcing a Custody Order Across State Lines
If you live in Michigan and have an out-of-state ex who won’t comply with an order, the UCCJEA also outlines a process for enforcing it.
- Registration : You must first register the order in the state where your ex lives. You can do this by getting a copy of the original order and filing it with the relevant court.
- Notice : After registering the order, you must give the other parent notice of the registration.
- Enforcement : Once the other state receives the order, it can take steps to enforce it. This may involve court hearings and law enforcement.
Enforcement of interstate custody orders is dependent on whether those orders comply with the Parental Kidnapping Prevention Act (PKPA). The PKPA is federal legislation and so takes priority over any conflicting state laws regarding custody orders.
Can Custody Jurisdiction Change?
The home state typically reserves exclusive authority to decide custody matters, but the home state can decline jurisdiction in some circumstances:
- In cases with no home state, courts might cede jurisdiction to a state with a significant personal connection to the child. For instance, if both parents moved out of the state where the child grew up, the courts might give jurisdiction to that state.
- State courts may decline jurisdiction if they think another state is a more appropriate environment for the child, whether due to convenience, safety, or the child’s development.
Contact a Child Custody Attorney Today
Child custody matters are already complex enough without factoring in interstate enforcement and disputes. If you are currently involved in an interstate custody case, call The Smith Law Offices, P.C., to speak to a family law attorney. We have extensive experience mediating custody disputes and can help you resolve your interstate custody enforcement issues.
Contact us online or call today for a case consultation with a child custody attorney about how we can help.
