Distance does not have to hinder the love that you have for your child and your ability to be a good parent. If you live in a different state than your child, you want to create a legal child custody agreement with your child custody lawyer to protect your rights as a parent.
Custody Terminology
There are two types of custody: physical custody and legal custody. Legal custody refers to the right to make decisions on behalf of the child regarding school, medical issues, and other areas a parent might need to make a decision for their child. Physical custody refers to where the child will live. In most cases, joint physical and legal custody is best for the child. Unfortunately, this can be complicated by parents who live in different states. Some states have requirements for someone to be able to claim "joint physical custody".
Jurisdiction
Different states have different laws regarding child custody. For many reasons, one parent may prefer to have the case handled by one state while the other parent may want the case handled by a different state. The jurisdiction of the case will depend on three things:
- previous rulings
- primary residence of the child
- past primary residence of the child
Generally speaking, the child's home state will rule on the custody case. The child's home state is the state where the child has lived for the last six months. Of course, there are exceptions if the child has a more significant connection with a location that is not their home state, if there is any potential risk of fleeing or kidnapping, and if there is extreme inconvenience.
If one or both of the parents want to modify the order, the order must be modified by the state that issued the original order.
Tips for Co-Parenting in Different States
Co-parenting is difficult, and it can be even more difficult from a distance. It's important to pick a schedule and stick to it. This may require some trial and error, and it may need to be altered at times, but agreeing on a schedule can limit any disagreements. It's also important to utilize phones and video chatting on a regular basis to keep the children in contact with their other parent. You should also agree on who should pay for travel and other accommodations. Finally, give the child a say in their own schedule and involve them in the planning process.
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