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Family Law

Moving Out of State: What You Need to Know About Your Custody

Posted by on Oct 21, 2018 in Family Law | 0 comments

People move in this country, all the time. Sometimes, it’s for a better job. Sometimes, it’s to be close to family. Sometimes, it’s just because you need to start over somewhere. That’s perfectly understandable, and everyone has the right to do it, but when you have the responsibility to support and raise a child after a divorce, it makes the move a lot more difficult.

That isn’t to say you shouldn’t move. Far from it. Instead, what it means is you need to have a decent idea of what your custody and other arrangements will look like once you are sharing a child across state borders.

To begin with, it’s worth explaining why this is an issue. As BB Law Group PLLC explain, different states have different laws governing things like custody and child support, which means you might find that your agreement with your former spouse may look different once you’re settled in a different state.

Obviously, these issues have to be resolved. Plenty of families live in different states, and there has to be a mechanism to resolve the problem. That mechanism is the Uniform Child Custody Jurisdiction and Enforcement Act and the Uniform Interstate Family Support Act. These establish a process by which disputes that involve custody across different states can be resolved. However, to handle the process properly, you’ll probably need to get a lawyer.

With the assistance of a lawyer, you’ll be able to work through all the same kinds of issues with your kids that you would have within the same state. That includes:

  • Custody disputes
  • Child support payments
  • Child visitation
  • Alimony

However, it’s also recommended that you try to iron out these issues as much as possible before you leave. If there are potential issues, try to work with your former spouse either in person or through a lawyer to find a solution that works. If you need to use the court system, try to use it while you’re in the same state, since that simplifies things significantly.

Once you’re out of state, though, it is good to know that there are resources and means to make adjustments when they need to be made.

If, for instance, your new job doesn’t pan out but you decide to stay where you have relocated, then you may need to make adjustments to child support. That new job, if you keep it, may also mean that you have certain periods that are better for visits and the old times just won’t work anymore (not to mention, the distance will probably require certain accommodations).

In an ideal world, these problems can be worked out first with a former spouse and then simply acknowledged and agreed to by the courts, but even if that doesn’t happen, you don’t have to give up time with your kids or miss out on child support. Everything can be amended; you just have to go through a more complicated process.

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