Multi-state Disputes Regarding Children
Given that modern American society is highly mobile, it is no surprise that it is common during divorces that a custody dispute may involve more than one state. In the event that you are going through a divorce and there are questions regarding which state has jurisdiction over the determination of custody and child support questions. The team at Pazos Law Group are experienced divorce lawyers in Miami, and will work closely with you to determine your rights and your child’s rights as they relate to the Uniform Child-Custody Jurisdiction and Enforcement Act ( UCCJEA) and how to best proceed with these issues. Read more below about how we will begin to handle this type of dispute:
Determining Your Child’s Home State
The first question that we must answer when handling a multi-state dispute about child custody and child support is the child’s home state. Legally, your child’s home state is the state where they had spent at least six months out of the last calendar year before you and your spouse filed for divorce. If, however, there is no particular state that fits this criteria, or the home state declines jurisdiction, there are other options we will explore.
Identify the States Parents Have Substantial Connections To
If we are unable to clearly determine a home state based on the past year of residency, we will identify the state(s) that each parent has the strongest connection to. This could include business or family. If you have spent most of your life in Florida, and your personal and professional ties are all in Florida, then your divorce lawyer will identify Florida as your home state, and therefore the home state of your child if you take custody.
Identify Proper Jurisdiction Under The UCCJEA
If we are still unable to determine the best state to take jurisdiction of your dispute about children, then we will refer to the UCCJEA and allow the courts to determine the proper steps. If there are filings in multiple states, it may be best to allow both to proceed until one can be found to have been filed with improper grounds so that we may move forward with clarity in the appropriate state after one is thrown out.
If there are further complications in determining the state that has jurisdiction over this dispute, the Miami divorce lawyers on our team will work with you to identify how we will best proceed to get a fair outcome in the right state. Each divorce has a series of unique circumstances, and when they take place across state lines, can become even more complicated, Given the wide variety of possibilities, we will work with you to identify a solution specific to your divorce that works towards the best situation for your children.
Contact Us Today
The Pazos Law Group is a team of dedicated attorneys with a history of experience with divorce law in Miami, and will be happy to discuss your case and represent you throughout your divorce. Ensuring the welfare of your child during a custody or child support case that takes place across state lines will be a top priority, and we will work with you to ensure that your children are given the support they deserve regardless of the complicated situation.
Contact us today to schedule a consultation, so that you can sit with an attorney and lay out the situation, identify goals, and work towards a fair solution that makes sense, legally and as a parent. We look forward to speaking with you, and will be happy to take your case to ensure a good outcome for you and your children during this stressful and confusing time.