We are becoming a mobile society. For many families there is no longer one state that is called "home" for an entire lifetime. Many people own businesses and homes in different parts of the United States. As a result people may divorce or legally separate in one state and then move to another state while children are still young. When people move, new laws apply. These laws affect custody, parenting time and support. The result of moving to a new place affects the enforcement of your legal documents as well as changes that might later be required in them.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) When a dispute arises regarding custody or parenting time, the UCCJEA applies. The UCCJEA is a law that governs both interstate and international child custody. The purpose of the law is to determine which state or country (jurisdiction) the child custody proceeding will take place. A state must consider the factors set forth in the UCCJEA in deciding whether it, or another state, has jurisdiction. Where a child is residing at the time the action was initiated and for how long the child resided in that location is important. Transferring the case to where the children are residing is important. Once a child has been residing in a new location for at least six months it is time to contact an attorney to attempt to transfer your action. The Uniform Child Custody Jurisdiction and Enforcement Act governs that transfer.
Uniform Interstate Family Support Act (UIFSA) One of the areas of greatest contention after a divorce is the payment of support. When people move it becomes even harder to collect the support that is ordered. Also support often needs to be modified. The UIFSA is a law which allows for a greater amount of ease in enforcing and collecting both child and spousal support (alimony) across state and international borders. This act governs the rules to make collection of support easier. These cases must be litigated in the State that the Payor resides in and requires the courts in both the payor and the payee locations to work together.
