Interstate Issues With Child Custody And Divorce

Complications With Divorce And Custody

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            Some of the most common questions we hear comes from parents that want to take their children out of state and don’t know how to go about doing that and what the legal ramifications are. The biggest concern, obviously, is what the other parent is going to say about that and what their rights are concerning the children in question. Other complications can arise from interstate issues such as contradicting state laws, costs of transporting the kids to and from the other parent’s home and finding out where to file if the you and your ex are in different states. It’s easy to miss small details with this stuff, and even easier to file the wrong paperwork and get your case thrown out. Here are a couple tips to help you along this path to winning your case whether it’s for custody, visitation or divorce.

Interstate Issues. In today’s world, it’s not uncommon for families to be spread out across the country and reside in different states from each other. Whether you work in the city and send money home to the family in the more rural areas of the state or you’re a truck driver that’s gone a lot of the time driving across several states, being separated from your children by large distances can be hard on the entire family as well as your pocket book. If you’re going through a divorce and custody battle, it’s a good idea to know what your states laws are about your specific issue. What you don’t want to have happen is to make a legal decision, try and push it through court and find out that what you’re requesting isn’t supported in your state or another state’s laws contradict your own. It’s okay if your head is spinning, you’re not alone in that regard. If you’re doing this on your own, the word of the day for you is research. If you live near a university or college campus, their library is a great place to start for information on state laws regarding family law specifically. It’s important to keep in mind that you don’t need to go to law school, the information is already out there; Theoretically, if you read up enough on this stuff you could go take the exam yourself and become an attorney.

Bridging The Gap. Removing a child from the other parent is a drastic decision to make and should only be considered if there is truly an element of child endangerment involved. Keep in mind that a judge is highly unlikely to remove one of the parents from the child’s life unless it’s absolutely necessary. Taking your child out of state away from the mother or father could have possible negative legal ramifications that you could otherwise avoid if you take the proper legal actions and find out what you can actually do in a situation like this. What you don’t want to do is leave the state, go stay at your parent’s house and then have an arrest warrant with your name on it waiting for you back home. Take the right steps and talk to a legal professional who is familiar with your particular state.


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Posted in A Childs Best Interests, Alabama Guidelines, Arizona, California, Child Custody, child custody battles, Child Visitation, Children, Connecticut Guidelines, Delaware Guidelines, Divorce, Family, Family Court, Florida Guidelines, Georgia Guidelines, Illinois Guidelines, Indiana, Kentucky Guidelines, Maine Guidelines, Maryland Guidelines, Massachusetts Guidelines, Minnesota, New Hampshire Guidelines, New Jersey Guidelines, New York Guidelines, North Carolina, Pennsylvania Guidelines, Rhode Island Guidelines, South Carolina Guidelines, Tennessee Guidelines, Texas Guidelines, Utah guidelines, Vermont Guidelines, Virginia Guidelines, West Virginia Guidelines

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