Understanding The UCCJEA
Interstate child custody issues can arise if a parent moves a child without permission from the court or if a parent refuses to provide court-ordered visitation. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a federal law that determines which state has jurisdiction in child removal and other child custody dispute. For example, the state that issued a child custody order retains jurisdiction as long as one of the parents continues to live in the state, even if the other parent and child do not. However, there are exceptions.
Depending on the circumstances, our attorneys will work with a lawyer in the other state to have the case venued in Colorado, or we will litigate the issue in the other state. Most states, including Colorado, have a version of the UCCJEA which was adopted by the state legislature. It is important to have an attorney who is familiar with the laws of the states involved in your case, because there can be differences (both major and minor) among the states’ version of the UCCJEA.
Resolving Interstate Child Custody Issues
As the world gets smaller, more and more children of divorce live with one parent in one state while the other parent lives somewhere else. This can make it more difficult for a parent to enforce court orders for child support, custody and visitation. Fortunately, there are state and federal laws that can help give you your day in court.
At The Offices of Keane Law, LLC, our attorneys represent parents in interstate child custody and support issues. We offer a free 30-minute consultation to answer your questions.
What About Resolving Child Support Issues?
If a parent living in another state is not paying child support, or if a child support order needs to be modified, the first issue to resolve is which state has jurisdiction. The Uniform Interstate Family Support Act (UIFSA) is a federal law upon which many state’s versions of the UIFSA are based. The laws which govern a particular case will depend on the applicable states’ version of the UIFSA, which will be used to determine which state’s law will apply and where the case will be heard.
Please contact The Offices of Keane Law, LLC, for a free 30-minute consultation with our experienced uniform child custody jurisdiction lawyers.