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Maintaining Your Rights in Separate Jurisdictions
Child custody and visitation issues are already complicated enough. Unfortunately, matters become even more challenging when parents live in different states. This is particularly true when one parent opts to not abide by a court’s order. Fortunately, there are effective legal strategies for enforcing visitation rights across state lines.
In many cases, these strategies require an understanding of relevant laws — but not just the laws in one or another state. Federal laws actually provide tools for parents who have difficulty enforcing their visitation rights. These include the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA).
Even with these laws on your side, though, it’s vital to understand the legal strategies available to you.
Register an Out of State Order
When family law courts issue a visitation order, this ruling applies specifically to their jurisdiction. However, relevant federal laws require states to recognize these orders as long as they’re compliant with the law. To take advantage of this, you’ll need to start by registering your visitation order in the state where your child’s other parent resides.
To do this, you’ll typically have to submit a certified copy of the order to the local family court in the state. This process makes it much easier for you to enforce the order. In fact, once the order is registered, you can file a petition with the local court to enforce it. In such a situation, it will be just like you’re in the original jurisdiction where the order was issued.
When submitting a petition, the court will review your request. They can then compel the other parent to comply with the original order.
Contempt of Court Proceedings
A court order is one of the most effective legal strategies for enforcing visitation rights across state lines. Unfortunately, not everyone abides by these orders. If your child’s other parent consistently interferes with your visitation rights — and this wasn’t just a one-time occurrence — you can file a motion of contempt in the court where you registered your order.
Once you do this, the court will review your case. If they deem it appropriate, a judge will issue penalties against the non-compliant parent. These penalties can include fines and even jail time. In fact, the chance exists that an order may be modified if violations continue to occur. However, such an outcome typically requires additional steps.
Involvement of Law Enforcement
When your rights as a parent are being violated, it certainly seems like a serious matter. In fact, it often seems so serious that parents call the police to get involved. However, this is typically inadvisable. Police are not equipped to handle family law disputes on the fly — and in many cases, they won’t even have access to the most recent court order.
If you ask any child custody attorney about enforcing rights via law enforcement, they’ll all tell you to start with the courts. That’s because any police involvement will be preceded by a court order authorizing them to act. Make no mistake: you should always call the police if you feel your child is in danger — but otherwise, the courts will be the ones to get the cops involved.
Document Instances of Non-Compliance
All the legal strategies for enforcing visitation orders across state lines we’ve discussed are extremely effective. However, they can only get the job done if you give the courts what they need to act. This means that — if you haven’t done so already — you need to start documenting all instances of non-compliance by the other parent.
Keep detailed records of everything. Start a journal and document any missed visits, communication attempts, and other relevant interactions with the other parent. Maintain a log of all communications, and avoid deleting anything exchanged between you and your former partner. This will make all your attempts at enforcing the court order much simpler.
Modifying a Visitation Order
Not all issues of non-compliance stem from malice. In some instances, the logistics of getting a child from a different state can be difficult. If you find yourself in this situation — or if you believe malice from the other parent is involved — you have the right to seek a court order modification. This can result in visitation terms that are more favorable for your situation.
Going this route will require filing a petition with the relevant court. It’s also worth noting that modifications can be issued on an emergency basis. If you have immediate concerns for your child’s safety or significant non-compliance has occurred, you can ask the court for an emergency modification of the visitation order.
Of course, this can be a complex endeavor in an already difficult circumstance. This is one of the many reasons one might consider seeking legal assistance.
Dealing With Custody and Visitation Across State Borders
Even in ideal situations where both parents live near each other and are in agreement and cooperative, child custody can be a complex matter. It takes a lot of day-to-day logistics and communication to ensure that children can spend time with each parent while the family also supports academics, social activities, and extracurriculars along with the physical and mental health of the children.
If you throw in other factors, such as contested father’s rights, disagreements on visitation or how to approach a child’s education, or the need to manage custody across state lines, matters can become even more challenging.
Challenges in Enforcing Visitation Rights Across State Lines
Dealing with custody matters when the parents or other adults involved live in two different states can be especially challenging legally and practically.
Jurisdictional Disputes
One legal challenge that you might face if you are trying to manage custody when the other parent lives out of state relates to jurisdictional disputes. It can be important to understand what court has the initial child custody jurisdiction and how that jurisdiction might change in the future. A family law attorney can help you understand which courts you need to work within so you can most efficiently manage a multi-state child custody case.
Different State Laws
State laws regarding how child custody is managed and what the courts’ roles are regarding custody agreements vary. You may need to abide by the laws of the state that has jurisdiction in your case, but it’s important to know how the different laws might impact your case.
Parent Noncompliance
In a child custody case, there is always the chance that the other parent will simply refuse to abide by court orders or previous agreements. This can be stressful to deal with in any case, but when the other parent lives hours or states away, it can be an especially frustrating challenge. If the parent refuses to bring a child back after a visitation or cooperate in facilitating an ordered visitation, it can take more effort and resources to force compliance.
Logistical Barriers for Visitation
On top of legal challenges, interstate child custody cases also typically come with logistical obstacles. When parents live hours apart, traditional shared custody arrangements don’t usually work. A child may not be able to live with one parent one week and the other parent the next, and even regular weekend visitations may be difficult to support when they involve hours of driving.
Some Tips for Strategies to Enforce Visitation Rights Across State Lines
While there are certainly challenges, it is not impossible to create and support a viable custody agreement even when parents or other involved adults don’t live in the same state.
Understand the Uniform Child Custody Jurisdiction and Enforcement Act
The Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA, is a federal law that is designed to address cases where parents don’t live in the same jurisdiction. It is followed by all states and helps to create some consistency for processes that parents and courts can follow when dealing with interstate child custody matters.
One thing that the UCCJEA does is require courts and law enforcement, regardless of the state they are located in, to abide by child custody orders issued by another court. For example, if there are child custody orders in Arizona, they apply to a parent living in New Mexico. This is true of the initial order and any modifications.
If you are involved in a child custody case that spans multiple states, ask your family law attorney how the UCCJEA applies and how it can help in your case.
Know When and How to Move Jurisdiction
However, jurisdiction over a child custody case does not have to remain in the initial state where orders were issued. There are times when it is appropriate to move jurisdiction to another state, and it often depends on where a child lives and how long they have resided there.
For example, say both parents lived in California. They divorced there, and initial custody orders were created there. The non-custodial parent eventually moved to New Mexico. The custodial parent subsequently moved to Arizona with the child, and they have lived in Arizona for some time. The parent might work with a family law attorney to move the jurisdiction of the child custody case to Arizona.
Work With Experienced Family Law Attorneys
Experienced family law attorneys can help you support the best interests of your child and work toward viable child custody agreements in all types of situations. That includes when you are dealing with custody issues across state lines.
A family law attorney can help with custody matters during a divorce, but they can also support you after a divorce if you need to enforce the provisions of your custody arrangement or seek a modification of custody orders for any reason. If you are facing a custody issue in Arizona, whether both parents live in the state or not, we can help. Contact the Arizona Family Law Attorneys by calling 480-448-0608.
Seek Legal Advice
While the law may be on your side, it doesn’t necessarily mean you’ll get the outcome you deserve. That’s because navigating the court system can be extremely challenging. Even fathers’ rights advocates — who frequently assist parents whose rights have been violated — will typically advise you to seek legal counsel.
By working with an attorney who specializes in family law and interstate custody issues, you’ll have a dedicated advocate on your side who will fight for your best interests. They can provide guidance, help you understand your rights, represent you in court, and otherwise navigate the complexities of these issues. Put simply, you don’t have to go through this alone.
At Arizona Family Law Attorneys, our committed legal team is here to help when you need it the most. Contact us at 480-448-0608 to discuss the legal strategies for enforcing visitation rights across state borders that may apply to your situation.
