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How Does Interstate Custody Work?


Navigating child custody and visitation is challenging enough during a divorce, but when one parent moves to another state, the situation becomes even more complex. Interstate custody cases require careful planning to ensure compliance with varying state laws while protecting the child’s best interests. Typically, the child resides primarily with one parent in their home state and travels to visit the other parent according to a custody arrangement. Here’s what you need to know about how interstate custody works.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

In the United States, all states except Vermont and Massachusetts adhere to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Act standardizes child custody laws across states to address jurisdictional issues and prevent conflicts. The UCCJEA determines which state has jurisdiction over a child custody case based on the following priorities:

  • The child’s home state: The state where the child has lived with a parent for at least six consecutive months is considered the home state and generally has primary jurisdiction.
  • Significant connections: If no home state exists, jurisdiction may be given to a state where the child has substantial ties, such as extended family, caregivers, or educational ties.
  • Safety-related relocation: If a child was moved to another state due to neglect, abuse, or abandonment concerns, that state may take jurisdiction to protect the child.

For a state to issue custody or visitation orders, the child’s current residence must meet at least one of these requirements. If multiple states qualify, jurisdiction is typically given to the state that issued the initial custody order, provided the case is ongoing. These rules ensure parents cannot unilaterally relocate a child to another state in an attempt to gain custody.

Considerations for Parents in Different States

When parents live in different jurisdictions, establishing a fair and workable custody plan is essential. Ideally, both parents will collaborate to create an arrangement that suits their child’s needs while respecting the realities of living in separate states. Here are some key factors to address:

  • Visitation frequency: Determine how often the child will visit the out-of-state parent and whether visits will occur on weekends, holidays, school breaks, or during the summer.
  • Duration of visits: Agree on how long each visit will last to ensure the child’s stability and well-being.
  • Transportation arrangements: Decide which parent will handle transportation logistics, such as booking flights, driving, or accompanying the child on trips.
  • Cost-sharing: Establish which parent will cover travel expenses or whether costs will be split equitably.
  • Jurisdiction-specific laws: Review custody laws in both states to ensure compliance and avoid potential legal complications.

Our Child Custody Lawyers in Alaska Can Help

As a father, maintaining a meaningful relationship with your child after divorce is critical. At Family Law Center for Men, our Alaska interstate custody lawyers are dedicated to helping fathers navigate the complexities of interstate custody arrangements. We provide compassionate support and tailored legal guidance to protect your rights and your child’s well-being.Call us today at 866-604-4644 or fill out our online form to schedule a consultation. We can provide reliable legal advice and help you create a custody plan that works for your family.