One of the most inevitable aspects of divorce is change. The norms and expectations you have become accustomed to in your marriage will no longer be the same as you and your partner split ways and begin to build new lives. While one parent typically keeps a residence in the family home, the other will relocate. Sometimes this is down the road or in the same town, but other times it may be in a different state. In these scenarios, an extra layer of interstate child custody laws and regulations comes into play. Navigating these laws can be difficult, as they vary from state to state. This is where an experienced Rochester, NY interstate child custody lawyer comes in.
At Trotto Law Firm, our legal team has experience handling a wide range of child custody cases, both in New York and across state lines. We understand the ins and outs of the law and can help you seek the best possible outcome for your case. From day one, we will passionately work tirelessly on your behalf to help you secure details of the custody arrangement that will best support your child. Our philosophy is that children should have the opportunity to maintain relationships with both parents, even if they live in different states. Whether you are fighting for primary custody of your children or working to establish a visitation schedule that works for everyone, we will be by your side every step of the way.
Interstate child custody occurs when one parent lives in a different state than the other parent and is seeking custody or visitation rights of their child or children. In these cases, both state and federal laws come into play. The first step in any interstate child custody case is to determine which state’s laws will be used. This is done by using the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The UCCJEA is a law that was created to help prevent parents from shopping around for the most favorable custody laws in different states. The law establishes guidelines for which state’s laws will be used in interstate child custody cases as well as how those cases should be handled.
Three main criteria are used to determine which state’s laws will be applied in an interstate child custody case:
If your ex-spouse has relocated and you are now involved in an interstate child custody case, consult with a Rochester child custody lawyer who can help you navigate the law and determine what is best for your child.
Many common challenges can arise in interstate child custody issues. Some of these include:
Overall, if not anticipated and dealt with proactively, any of these issues can make an already difficult situation even more challenging. However, with the help of Rochester divorce attorneys, these problems can often be overcome, and an agreement can be reached that is in the child’s best interests.
Interstate child custody cases can be some of the most difficult to deal with, both emotionally and logistically. Here are some tips on how to discuss interstate child custody orders with your children.
Custody is decided based on the best interests of the child. The court will consider multiple factors when determining custody, including the child’s relationship with both parents, each parent’s home environment, the child’s wishes (if the child is old enough to express a preference), and each parent’s ability to care for the child. Once a custody determination is made, it can be modified if there is a significant change in circumstances.
Joint custody equal responsibility and say regarding major decisions for the child’s education, health care, religious upbringings, and extracurricular activities. Joint custody does not always mean the child will spend equal time with each parent, but it does indicate that they will have a say in major decisions about the child’s life.
A child is legally an adult at the age of 18 and can make their own decisions about where to live. However, in some cases, the court may consider the child’s wishes when making a custody determination. For example, if the child is 16 years old and has strong feelings about which parent they want to live with, the court may give weight to the child’s preference.
The cost of a lawyer for an interstate child custody case in New York will vary depending on the complexity of the case and the lawyer’s experience. Generally, an attorney will charge an hourly rate. Factors such as the number of court appearances and the amount of time needed to prepare for the case can affect the total cost. In some cases, a lawyer can provide a free consultation to help you determine whether you need legal assistance, which can be a great value for those who cannot afford a large upfront fee.
If the other parent refuses to follow the custody order, you can file a contempt of court action. This is a legal proceeding in which the court can impose penalties on the parent who is not following the order. The penalties can include a fine, jail time, or increased child support payments. In some cases, the court may also order make-up time for the parent who was denied visitation.
Both parents want what is best for their children, but agreeing what that is can be challenging, especially when it involves something as important as custody. If you are involved in an interstate child custody case, it is important to have experienced family law attorneys on your side. At Trotto Law Firm, we have represented many Rochester clients in interstate child custody cases and can help you navigate the legal process. One of the most special things that we do is an advocate for the best interests of our client’s children. We understand how important it is for children to have a strong relationship with both parents, and we will work tirelessly to help you achieve that goal. Contact us today to schedule a consultation. We look forward to speaking with you.
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