The issue of co-parenting is often a difficult one. Each parent may be used to seeing their kids all the time, so when they have to draw up an agreement that affords them significantly less time together, emotions can run high. It can be especially tumultuous if you or your child’s other parent moves to another state. Now you are faced with co-parenting out of state. In a scenario that involves two different court systems, who has precedence?
Figuring out how co-parenting out of state will work for your situation may be too overwhelming for you to handle alone. Consider speaking to one of the skilled Ohio family lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. Contact us today at (419) 625-7770 to schedule your free consultation.
The Uniform Child Custody Jurisdiction and Enforcement Act
Each of the 50 states has the autonomy to develop their own regulations and governing systems. If you and your child’s other parent are trying to develop a custody agreement while living in two different states, however, you need to have a single court to provide oversight and eliminate confusion. For this, you can turn to the rulings of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The UCCJEA was created for a few reasons:
- It prevents issues of interstate kidnapping by parents.
- It resolves the problem of deciding which state enforces child custody agreements in situations of co-parenting out of state.
The Home State Advantage
The UCCJEA says that the home state is the one where child custody matters will be resolved. Typically, the home state is the one where the children spend the most time, but if there is no clear home state, a court will observe other factors including:
- Where the child attends school or day care
- Where a majority of family ties can be located
- Where primary medical care for the child is provided
- The location of the child’s other significant familial relationships
While the home state rule provides clarity, it can cause some concern for the parent who does not live there. If you are uncomfortable allowing the state where your child’s other parent lives to decide important custody issues, you might want to consider negotiating a child custody agreement between the two of you, or having a mediator help with the process. That way, you aren’t beholden to a state where you don’t live telling you how often you can see your kids.
Co-Parenting Out of State? Call Us Today
When it comes to the issue of co-parenting out of state, tensions can run pretty high. Let the knowledgeable family lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA do what we can to alleviate the stress and create a custody situation that works for both of you. For a free, initial case evaluation, call us today at (419) 625-7770 or contact us online.