How Does Child Custody Work If the Parents Live in Different States?

Child custody disputes can be challenging. The challenge is even greater when parents live in different states. Courts must determine which state has jurisdiction when parents live far apart. This makes determining a child’s best interests even more difficult. At McMichen, Cinami & Demps, we understand how to handle interstate custody cases. Let our seasoned child custody attorneys help you with your case. 

Determining Jurisdiction in Interstate Custody Cases

Courts determine jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This federal law helps decide which state makes custody decisions. Usually, the “home state” has jurisdiction. This is the state where the child has lived for at least six consecutive months. Under certain circumstances, a different state may be granted authority. 

For example, if one parent has recently moved out of state, Florida courts may keep jurisdiction. This authority can be retained if it is in the child’s best interests. If Florida is the child’s “home state,” it will typically have the initial authority to decide on custody. 

Custody Arrangements When Parents Live in Different States

In Florida, there are two main types of custody: physical custody and legal custody. Physical custody refers to where the child lives. Legal custody concerns the right to make significant decisions about the child’s life. Courts will consider the logistics and impact of any custody arrangement. 

  • Sole custody: If long-distance co-parenting is impractical or disruptive to the child, a court may award one parent sole physical custody. This means the child will live primarily with that parent. The other parent may receive visitation rights, which could include longer visitation periods. These longer visitation periods can help compensate for the lack of day-to-day contact. 
  • Primary custody: When one parent has the child for the majority of the time, it is known as primary custody. The other parent may have extended visitation. This can include summer vacations or school breaks. The primary custodial parent manages most day-to-day decisions. 
  • Joint custody: Joint physical custody can be challenging when parents live in different states. Joint legal custody will allow both parents to make significant decisions regarding the child’s upbringing. 

While interstate joint physical custody is possible, courts focus on stability. Courts try to avoid frequent, long-distance transitions for children. Instead, Courts may allow joint legal custody, with visitation rights that fit the family’s circumstances. 

How Florida Courts Determine a Child’s Best Interests 

Florida family courts prioritize a child’s best interests when making custody decisions. In interstate cases, factors may include: 

  • Stability and continuity: Courts aim to cut disruption in the child’s life. Courts will seek to maintain stable schooling, home life, and social connections. 
  • Parent’s ability to co-parent: If the parents can communicate effectively, they may be awarded joint legal custody. 
  • Distance and travel feasibility: Courts assess the distance and practical travel arrangements. This ensures a custody arrangement that allows the child to spend meaningful time with both parents. 
  • The child’s relationship with each parent: The relationship between each parent and child may influence custody decisions. 

Courts strive to help children feel confident and secure with their parents. This can be challenging when parents live in different states. With some creativity and flexibility, Courts can craft a custody arrangement that benefits the child. 

Why Consider Mediation for Interstate Custody Disputes? 

Mediation can be a beneficial approach to resolving issues. Mediation offers parents the opportunity to create a customized parenting plan that works for them. This plan can address schedules, needs, and unique challenges. Benefits of mediation include: 

  • Non-confrontational environment: Mediation fosters open communication and reduces animosity. This can help build a healthy co-parenting relationship. 
  • Control over outcomes: Unlike court orders, mediation allows parents to craft a plan tailored to their needs. 
  • Cost-effectiveness: Mediation can be less expensive and quicker than litigation. This reduces the emotional and financial toll on both parents and children. 

If you are dealing with an interstate custody dispute, mediation can be a useful tool. Consider mediating your dispute to save money, time, and heartache. 

Contact McMichen, Cinami & Demps for Help With Your Child Custody Case

Understanding Florida law and the UCCJEA is essential to protecting your rights. At McMichen, Cinami & Demps, we can provide personalized guidance for interstate custody cases. We are dedicated to helping you find practical solutions that support your family’s unique needs. For more information or to schedule a confidential consultation, contact us today.  

Contact Our Child Custody Law Firm in Orlando, FL

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803