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Mobile lives and custody issues

On Behalf of Cullen Family Law Group | Dec 8, 2017 | Child Custody |

We live in an increasingly mobile society — and that doesn’t change just because a couple gets divorced.

One member of the former couple may need to follow a career to another state. Perhaps the other member of the couple wants to return to his or her home state in order to take advantage of the family support structure waiting there.

That can easily complicate custody issues — especially if one spouse wants to make things intentionally difficult for the other.

If you and your ex have children together, here are some key issues you should understand about interstate custody:

  • You and your ex have to o bey the original custody order regarding permission to even leave the state with the children.
  • Taking the children out of the state and relocating without the court’s permission and in violation of the original custody order can be considered child abduction.
  • If you or your ex take the children to another state and try to appeal to that state’s family court to take control of the custody case, that effort will likely fail. All but two states (Vermont and Massachusetts) have agreed to a joint statute that sets the standards the states use to decide which family court has jurisdiction.
  • The parent who attempts that kind of end-run around one state’s custody ruling can expect to see his or her custody sharply curtailed in the future. He or she may lose all but supervised visitation, even if he or she previously had primary physical custody.
  • It’s also possible that he or she may face criminal charges, like kidnapping.
  • Sometimes, two states will both meet the same criteria for jurisdiction, which would allow either to take control of a case. For example, if the parents led a fairly nomadic existence and traveled a lot, the child might not really have a “home state.” However, if the child has numerous relatives in both Pennsylvania and Ohio, that means either state could claim that the child has “significant ties” there. In a situation like that, the court that issues a determination first will become the court with jurisdiction.

When it comes to child custody, don’t take guesses about the law. Get advice before you act so that you can save yourself from criminal charges and a loss of physical custody or visitation rights in the future.

Source: FindLaw, “Interstate Custody Arrangements,” accessed Dec. 08, 2017

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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