Challenges and Considerations in Cross-State Custody Arrangements

It is not uncommon for divorced or unmarried couples with children to end up living in different states from one another. However, situations like this often bring to question whether custody orders issued in the state of one parent are enforceable for the parent in the other state.  While there are challenges that may come to fruition in dealing with cross-state custody arrangements, federal law requires states to abide by custody orders granted in other states. To ensure you have a full knowledge of the challenges and considerations that come with this type of custody arrangement, consult one of our Minnesota custody attorneys today.

At Knutson + Casey, our Minnesota attorneys have years of experience helping our clients navigate various custody disputes and challenges that may arise when entering into a cross-state custody arrangement. We understand that legal matters involving custody of children may be emotional and need to be handled as delicately as possible. That is why we work hard to ensure this process does not cause any unnecessary stress for any of the parties involved while we help you navigate this new reality for you and your child. 

What to Consider Before Entering a Cross-State Custody Arrangement

While all custody arrangements often come with some challenges and disputes along the way, matters are only made more complex when parents live in different states. When entering into a cross-state custody agreement, there are several considerations your attorney will go over with you:

Do You Need a New Agreement?

Custody is typically shared between both parents. Because of that, if one parent decides to move and wishes to retain visitation rights with their child, a new custody agreement must be obtained outlining the new terms of timesharing with the added complication of being in separate states. 

If both parents do not consent, an action must be filed in court for a modification of the custody agreement due to one parent moving away.  The court will consider various factors in order to determine what is in the best interests of the child before creating the new agreement. The new order will dictate any further terms of visitation or time-sharing between the parents and their child or children.

Will the Relocating Parent Want a Different Custody Order?

In most cases, the parent relocating to another state will be unable to obtain a new custody order if one exists currently in the child’s home state. The home state is considered to be the state where the child lived for at least six consecutive months. 

What if There Is No “Home State?”

In cases like this, the court may assume jurisdiction if it is in the best interest of the child. This may be because the child and at least one parent have a significant connection with the state apart despite not having the minimum required six months of physical presence. This may include having a significant family member in the state like grandparents, aunts, or uncles. It will also be necessary for there to be substantial evidence that the child will be cared for and protected.

Emergency Situations Involving Cross-State Custody Arrangements

If an emergency situation occurs, a court may assert jurisdiction in another state during a custody proceeding if the child has been abandoned. This is also the case if it becomes necessary to protect the child because they may be at risk of mistreatment or abuse.

Regardless of the unique circumstances of your cross-state custody case, working with a trusted attorney is crucial to ensure you are able to navigate the legal process and ensure you and your child can achieve the best outcome.

Navigating Cross-State Custody Arrangements with Knutson + Casey

At Knutson + Casey, we understand the complexities and emotional challenges that come with cross-state custody arrangements. Our experienced Minnesota attorneys are dedicated to guiding you through this intricate process, ensuring that your child’s best interests are always prioritized. With our extensive experience in handling various custody disputes, we strive to minimize the stress for you and your family while working towards a favorable outcome.

Don’t face these challenges alone. Contact Knutson + Casey today to discuss your cross-state custody case and explore your legal options. Reach us at (507) 344-8888 or through our contact form. Let us help you navigate this challenging process and secure the best possible arrangement for you and your child.