The venue of your custody case depends on your location

The venue of your custody case depends on your location

On behalf of Aaron & Aaron, Attorneys at Law posted in Child Custody on Thursday, August 28, 2014.

Whether you and your child's other parent have divorced, separated, or never planned to be a couple, you may both still wish to spend as much time as possible with your child. Sometimes couples can reach an amicable agreement on this, but this is not always the case. Often the matter must go to court, but what happens if your child's other parent lives in another state? As is explained here, there are a number of factors which can affect where your case is heard.

When both parents are residents of the same state, the venue for the hearing will be determined by that state's custody laws. However, if they live in different states, various laws may apply. For example, if in one state a valid visitation or child custody decree has already been entered, another state is obliged not to modify it, but rather to uphold it.

The decree may be modified if the first state declines or no longer has jurisdiction over it. Grandparents as well as parents are covered under this statute. If there is no valid decree, the Uniform Child Custody Jurisdiction and Enforcement Act comes into play.

A state may have the power to host a child custody hearing if it is the child in question's home state, or has been within six months of the action being brought. The state must also be the residence of at least one of the child's parents.

It's a lot to take in, but you do not have to do it alone. An attorney may be able to answer your questions and offer the guidance you need as you pursue an agreement that is in both your and your child’s best interests.