When your divorce or child custody matter involve jurisdiction issues—for instance, when you and/or the children live in a different state than the other parent/spouse—our knowledge and experience can help you navigate this complex and high-stakes legal situation. We also work with international jurisdiction cases and military divorces, both of which can involve a complicated residential history.
Division of property in a divorce can also be affected by multiple jurisdictions. Spouses may live in one state but property, such as a vacation home, may be in a different state.
Another problem that can arise is when two different states have asserted jurisdiction over your children. For example, there may be two different custody orders, one from each state, as a result of each spouse’s filing in a different jurisdiction. Or, immediately after the divorce is finalized, one spouse might move with the children out of state, prompting the desire or need for changes in custody and visitation agreements.
How is parental responsibility understood and assigned in these cases? We are experienced in cases involving the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is the primary means for addressing child custody jurisdictional problems. The UCCJEA applies between states and establishes the concept of a “home state” for your children. Unfortunately, in some situations, parental abduction can be a potential issue, which triggers both the UCCJEA and the Uniform Child Abduction Prevention Act. Multi-jurisdictional cases can also involve difficult situations surrounding relocation and travel. We can help you understand the law to avoid problems, address any problems that do arise, and find the best outcome for you and your children.