COVID-19 and Divorce: Child Custody When Parents Live in Different States
With the continuing COVID-19 pandemic, many families face the dilemma of how to obtain custody of a child — seeking to stay indefinitely in a different state from the other parent, or looking to relocate to a state they consider to be safer for the child. The predicament of child custody when parents live in different states has therefore been at the forefront of litigation since the COVID-19 pandemic first began spreading in early 2020.
What State Rules Over Child Custody When Parents Live in Different States
In general, the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is the controlling law concerning child custody when parents live in different states. Under the general provisions of the UCCJEA, the State that enters the first custody order in any given case retains custody of all parenting time issues in that case unless other circumstances exist. For example, if a child was born in a state outside New Jersey, and one parent then relocates (either with permission or court order) to New Jersey, the determination of child custody when parents live in different states arises as a crucial litigation issue.
Since the family court in another state has entered the initial order concerning child custody jurisdiction, one of the exceptions must exist under the UCCJEA to permit a New Jersey family court to address child custody when parents live in different states.
For example, if the parent and child have moved to New Jersey, they established themselves for a substantial period of time, and the non-custodial parent no longer resides in the state where the initial child custody order was entered, New Jersey courts are more likely to enter subsequent custody orders.
New Jersey and Custodial Parents
Another possible scenario, which could be relevant during the COVID-19 pandemic, and would allow New Jersey courts to address disputed custody issues where another state has already entered a prior custody order, involves other aspects of the UCCJEA. Suppose the primary custodial parent moves to New Jersey from another state. That parent has a “significant connection” with this State, New Jersey family courts could enter subsequent orders in the case if the family court of the initial state ultimately declines to exercise custody jurisdiction.
Closing Thoughts: Child Custody When Parents Live in Different States
Circumstances during COVID-19, involving either divorced parties or non-married parents with a child or children together, can be more complicated than ever given the uncertainty surrounding the virus. Despite the obstacles presented by the UCCJEA’s relevant provisions, our office is prepared and eager to help those seeking clarification of custody when parents live in different states. Every litigant should know their rights with respect to custody, and should not be deterred by the UCCJEA statute if they are willing to fight for custody when parents of the child live in different states. Without the legal guidance of an experienced attorney in this field, the process can be confusing and difficult.
For more information, contact the Siegel Divorce Law office to discuss this issue during the COVID-19 pandemic.
