If you are involved in a custody dispute where the parents reside in different states, then there are complex laws that govern which state has the authority to issue custody orders. Even if there is an existing custody order, there may be complications with enforcing that order across state lines. For these reasons you should seek out Scottsdale family attorneys to assist with you interstate custody issues.
Which state has jurisdiction in a custody case when parents reside in different locations?
If two parents reside in different states, then a court must determine which state is considered the “home state” of the children. To determine this, the court will look at where the children resided primarily over the last 180 days.
If there is an existing custody order involving the children, then the state that issued that order retains the authority over the case. This is true even if the children have since moved out of state. Until the court that issued the original order transfers jurisdiction, they retain authority over the case.
What should you do if you have an interstate custody dispute?
If you are involved in an interstate custody dispute, contact our Scottsdale family attorneys immediately. We can review your case to determine if there are existing orders that may be enforced. If there is no existing order, then we can help you get the necessary order to enforce your rights.
We can also assist in registering court orders from other states and enforcing those orders locally. This process can be complex, so it is important that you ensure that all procedures are followed.
Attorney Hope Fruchtman and the team at Fruchtman Law Firm are experienced with interstate custody issues. If you need assistance with your custody case, then contact Fruchtman Law Firm to schedule an appointment with Attorney Hope Fruchtman to discuss your options.