Deciding how to divide child custody, and following through with the agreed-upon plan, is rarely easy and full of opportunity for disagreement. When parents live in relative proximity to one another, negotiating a solution when disputes arise is often quite feasible because the closeness allows for more flexibility. However, when parents live in different states, a not uncommon circumstance, finding a solution becomes more challenging, and court intervention may be more readily sought since enforcement of any agreement may be of concern. Courts do not want to jeopardize a child’s welfare by engaging in a war of contradictory court orders that have the child shifting continually back and forth between parents. Thus, a set of rules governs which court will have jurisdiction, or authority, to settle child custody matters.
An Indiana court of appeals recently upheld the exercise of jurisdiction over a child custody matter by an Indiana trial court by finding this state was the most appropriate forum to decide the matter between a mother and grandparents living in Oklahoma. As child custody laws can differ among states, determining which court has the authority to decide this issue is crucial information for parents living in different parts of the country. A discussion of the rules that determine which court may establish, modify or enforce a child custody agreement when parties live in different states will follow below.
Establishing and Modifying Child Custody
Child custody is a sensitive issue, and parents want the court best equipped to consider the interests of the child when deciding the appropriate arrangement. When parents live across state lines, the Uniform Child Custody Jurisdiction and Enforcement Act dictates when a court has power to issue orders in a case. Filing a child custody action in the wrong court can create unnecessary delay and higher costs because it will need to be transferred to the proper court so a valid and enforceable child custody may be issued. This danger underscores the need to use an experienced divorce and family law attorney to handle this matter.
Deciding which court has jurisdiction to issue a custody order is a complicated and fact-specific analysis that rests primarily on where the child has closer ties. Basically, a court will be looking for:
- A child that currently lives or recently lived in the state, and a parent that still lives here; or
- A parent and child with significant connections to this state, particularly related to the availability of evidence on the child’s care, protection, training and personal relationships.
Note that just the physical presence of a child in a state is not enough to trigger jurisdiction, although once jurisdiction is established, the authority to modify the initial degree remains with that particular court. This power to modify can only be transferred to another court if both the child and parents no longer have significant connections to a state, or more relevant evidence about the child’s care and welfare is located elsewhere.
Enforcing Valid Custody Orders
Enforcement of custody orders issued by other states is generally handled by any court for the sake of the child. Indiana courts are specifically authorized to use any remedy recognized under Indiana law to enforce a child custody order, and parents wishing to enforce out-of-state orders will need to register the original order in the new state before seeking enforcement. Registration is typically a standard and perfunctory procedure, but the other parent does have the option of objecting to the validity of the initial order. To ensure this process moves smoothly and does not trip legal issues, work with an experienced family law attorney to fully protect your child’s interests.
Speak with an Indiana Family Law Attorney
Enforcing your parental rights and protecting your child from potential harm is a pivotal concern for all divorced parents. Christopher L. Arrington, P.C. knows how important the issue of child custody is, and will work to create a solution that reflects your goals. Contact the Danville law firm to schedule an appointment.