Multi-state Child Custody and Child Support

NJ Family Law Approach

Multi-State Child Support and Child Custody Attorneys

It is common for families to move across state lines. For co-parents with existing child custody and/or child support agreements, what exactly does this mean? Will their current agreement under state law be upheld in their new home? Are there any adjustments which need to be made to adhere to their new state’s regulations? While the answers to these questions can be quite complex and dependent on the nature of each individual circumstance, our attorneys will discuss the complexities of multi-state arrangements and how New Jersey families may be impacted.

The child support and child custody attorneys of Jacobs Berger have extensive experience serving clients who have moved to or are planning to move from Morris County towns and across Northern New Jersey. We understand the complexities of relocating with children while entered into existing child support or child custody agreement. Our firm takes pride in offering dynamic and personalized legal solutions to provide families with answers to their unique problems.

Call our office today for a comprehensive and confidential Strategic Planning Session with one of our qualified multi-state child support and child custody attorneys regarding your current agreements and your recent move or intent to move.

Multi-State Family Law Attorneys Define UCCJEA and UIFSA

Divorce and family law issues including child custody and child support are primarily governed by state law. However, there are regulations which serve as an umbrella covering families who move across state lines. If you and your family fall into this category, our Madison multi-state family’s attorneys may discuss regulations from both the Uniform Child Custody Jurisdiction Act (UCCJA)and the Uniform Interstate Family Support Act (UIFSA). These acts were drafted and controlled by a federal department known as the National Conference of Commissioners of Uniform State Laws.

Essentially, these regulations provide a legal baseline for families with children who move from one state to another. For example, the UCCJA has four basic considerations for which state may claim jurisdiction after a family has moved:

  1. The home state of the child
  2. The connection between the child, the parents, or other involved parties with the state(s)
  3. Emergency jurisdiction of the state where the child resides when the child’s welfare is being threatened
  4. Child’s presence in a state where no other state has a reasonable claim of jurisdiction

While both of these acts are highly detailed and legally complex, it is important to understand that they will be the basis of most legal proceedings when it comes to modification and/or enforcement of child custody and child support agreement across state lines.

Multi-State Child Custody Lawyers Discuss Enforcement

Let’s say your lawyer has helped you draft a fair child custody and child support agreement for your family. A few years later, your family decides to move a few miles up the road to New York. What will happen to your existing agreements?

To begin, other states have the authority to enforce your child custody and child support agreements via the UCCJA and UIFSA. In fact, those regulations were started in part to prevent parents from “kidnapping” their children and moving to other states where their existing agreements would not be recognized. Other states do not, however, have the legal right to modify judgements rendered by another state’s legal system.

It is also possible that you plan on staying in New York for an extended period of time and would like to change the jurisdiction which governs your agreements away from New Jersey and to your new home state. This is certainly possible as well, but may involve a legal process by which you prove your connection to New York and that you are not in violation of your existing child support or child custody agreements by keeping your children away from a co-parent.

Alternatively, if you wish to move out-of-state with your children, you may wish to consider filing a child relocation petition. To learn more about this process, and your rights and options if your co-parent has already filed a motion for relocation, please view our relocation with children page.

On a related note, it may be possible to use “virtual visitation” as a way to provide each co-parent with parenting time. FaceTime, Google Hangouts, and Skype all provide the face-to-face calling services which allow us to connect from a distance. However, successful negotiations of these terms often required the skills and experience of a qualified divorce and family law attorney.

Contact our Multi-State Child Support and Child Custody Lawyers Today

At Jacobs Berger, our multi-state family and divorce lawyers understand that no two families are alike. When issues involving multiple state jurisdictions come into play, already complex family and legal dynamics can become even messier. Our firm takes pride in tackling complicated multi-state child support and child custody cases for clients in Morris County communities and across all of Northern New Jersey.

Contact us online or through or Morristown offices by calling (973) 710-4366 today for a comprehensive and confidential Strategic Planning Session regarding any child support or child custody dispute which crosses state lines.