Child custody disputes across state lines often cause confusion and conflict. Courts in two different states may each claim the right to decide custody. These interstate custody disputes need a lawyer who understands both state and federal law.
Which Law Decides Where the Case Goes
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) controls most interstate custody disputes. This law sets rules for which state court has the right to decide custody. The child’s home state usually wins jurisdiction. That state is where the child has lived for six months before the case started.
If no state meets that test, courts look at ties to family, school, and the community. We know how to argue for or against jurisdiction. We use the UCCJEA to defend your rights in the right court.
What to Expect When Courts Decide Jurisdiction
Jurisdiction affects everything in a custody dispute. A court must first decide whether it has the legal power to hear the case. We help you present facts that show where the child has lived, who the child knows, and which court should decide custody.
If the other parent filed first in a different state, you must act fast. You need to protect your rights before a court enters an order without your input. We file emergency motions when needed. We block improper filings. We push back when a parent tries to move a case unfairly.
Options for Resolving Disputes
Not every interstate custody dispute must end in court. We often help parents reach an agreement through negotiation. In some cases, we guide you through mediation. When the other parent refuses to cooperate, we go to court.
We know how to file or defend against out-of-state enforcement. If one parent violates a court order, we can enforce that order in a different state. We do not allow a parent to break custody terms without consequence.
How We Protect Your Rights
Child custody across state lines often leaves one parent at a disadvantage. We do not let that happen. We explain your rights, file the right motions, and protect your relationship with your child. We act when the other parent moves without permission or files in the wrong court.
We also help you change an order when life changes. If you or the other parent moved, we review whether a court can still enforce the order. If the law allows, we file to modify or transfer the case.
Speak with a Custody Lawyer Today
You do not need to face this alone. Call us to speak with a lawyer who handles interstate custody. We review your current orders. We explain which court has power. We guide you through the next steps.
We act quickly when you need to respond to a case in another state. We file to enforce or modify orders. We make sure courts hear your side. Your rights matter. Your child’s needs come first. Let us help you protect both. Contact the Law Offices of Bradley D. Bayan at (650) 364-3600 to schedule a consultation.
