Call for a Free Consultation: 631-237-3409
Select Page

Child Custody Issues When 1 Parent Lives Off Long Island

by | Jul 24, 2018 | child custody and support, News and Events |

The reality of increased mobility finds many divorced families spread across multiple states, so it is not uncommon to have one parent living on Long Island, while another lives outside New York. Whether the parents are within the tristate area, or across the country, your valid Child Custody Order can be enforced.

Divorce Attorney Consultation

Uniform Child Custody Jurisdiction and Enforcement Act

The Uniform Child Custody Jurisdiction and Enforcement Act sets out standards for courts to utilize in making custody determinations and for when a court must defer to an existing determination originating in another state. Almost every state and the District of Columbia have enacted the Act, ensuring that your Child Custody Order will be enforced.

Generally, a state can make a decision about custody if:

  • the state making the decision is the child’s home state;
  • the child has significant connections with people in the state;
  • the child is in the state for safety reasons; or
  • no state can meet one of the three previous tests.

In order to have a binding Child Custody Order, the state issuing the order must meet one of the above tests. If more than one state meets a test, the first state to issue an order will be binding.

Full Faith and Credit Clause

Under the United States Constitution, the Full Faith and Credit Clause requires courts to enforce valid judgments, or orders, issued from courts of different states. Previously, courts would ignore another state’s judgment or order, opting instead to issue a new judgment or order from its own court. This led to a large amount of confusion, as well as inconsistent Child Custody Orders. Now, states are required to recognize valid judgments and orders issued in other states and enforce it as if it were its own.

Registering Your Child Custody Order

In order for your out of state Child Custody Order to be recognized and enforced, it must first be registered. To register an out of state Child Custody Order, you must file the following with the appropriate court:

  • a letter or other document requesting registration;
  • two copies, one of which must be certified, of the Child Custody Order sought to be registered; and
  • the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

Once registered, a court may grant any relief normally available under the law when a parent is seeking enforcement.

It’s important to understand that you do not need to wait until you are seeking an enforcement to register your out of state Child Custody Order. In fact, once you move to another state, you should immediately register your Child Custody Order.

Have More Questions About Interstate Child Custody?

If you are currently involved in a custody dispute with a parent from another state, it’s important to have an experienced Long Island Family Law Attorney by your side to protect your rights and those of your child. The divorce and family law firm of Robert E. Hornberger, Esq., P.C. can help you navigate the confusing and overwhelming court system in New York. Contact our Long Island Divorce & Family Law firm at 631-629-2545 to set up your free consultation with one of our experienced Family Law attorneys.

 

SCHEDULE YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Robert E. Hornberger, Esq., P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.

All Fields Are Required

divorce questions answered

 

 

Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator

 

 

Reviews

  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
  • I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!

 

 

Long Island Divorce Guide

* indicates required




 

Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

 

Divorce Lawyer Long Island New York