Custody Agreements for Parents in Different States: What You Need to Know
When parents of minor children decide to end their relationship, one of their biggest concerns is often how custody of their children will be divided. In cases where the parents live in different states, the process can be even more complex. In this article, we`ll explore some key points to keep in mind when crafting custody agreements for parents living in different states.
Jurisdiction
The first thing to understand is that custody agreements are governed by state law. This means that the rules and regulations regarding custody may differ from state to state. When parents live in different states, the first question to consider is which state has jurisdiction over the case. In general, this will be the state where the child has lived for the past six months. If the child has not lived in any one state for that length of time, the state where the child has the closest ties (such as where he or she attends school) may be considered.
Legal and Physical Custody
There are two types of custody: legal and physical. Legal custody refers to the right to make important decisions about the child`s upbringing, such as where he or she will go to school or receive medical care. Physical custody refers to where the child lives. When crafting a custody agreement, both types of custody should be considered. In some cases, one parent may have both legal and physical custody, while in others, there may be joint legal custody and one parent will have primary physical custody.
Visitation
Visitation, or parenting time, is another important consideration in custody agreements. When parents live in different states, it may be more difficult to establish a regular visitation schedule. However, it`s important to do so to ensure that each parent has quality time with the child. Depending on the distance between the parents, visitation may include weekend visits, extended summer breaks, or holiday time.
Travel Expenses
When parents live in different states, travel expenses can add up quickly. In addition to the cost of transportation, there may be expenses related to lodging, meals, and other incidentals. Custody agreements should address how these expenses will be divided between the parents. For example, one parent may be responsible for transportation costs, while the other pays for lodging and meals.
Enforcement
Finally, it`s important to consider how the custody agreement will be enforced across state lines. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) sets rules for enforcing custody orders across state lines. However, it`s important to work with an experienced attorney who can help ensure that the custody agreement is legally binding and enforceable, regardless of where the parents are located.
In Conclusion
Crafting a custody agreement when parents live in different states can be complex. However, with careful consideration and the help of an experienced attorney, it is possible to create a plan that meets the needs of both parents and ensures the best interests of the child are met. By understanding the key considerations, parents can work together to create a plan that helps them move forward with their lives and ensures their children`s continued well-being.
