© 2020 Vernier & Associates, PLLC. https://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf, http://www.uniformlaws.org/Act.aspx?title=Child+Custody+Jurisdiction+and+Enforcement+Act, http://www.ilga.gov/legislation/ilcs/documents/075000050k609.htm, 1776 S. Naperville Road, Building B, Suite 202showBr(760,',');Wheaton, IL 60189showBr(760);630-462-9500. As skilled negotiators, our attorneys seek win-win solutions that preserve family relationships. In today's society, people are mobile and tend to move often. Grandparents can ask a Texas court to grant custody or visitation privileges. Call 630-462-9500 to schedule an initial consultation with a qualified legal professional. Tips for Sharing Custody of Your Children During the Holidays. What can already be a contentious issue between parties in a divorce is further complicated if more than one state could have jurisdiction over child custody and visitation. Modifications to Custody and Visitation Orders. Essentially, if parents have a custody and visitation order from state A, and the custodial parent moves to state B, state B is required to enforce the custody and visitation order from state A. This can make spending time with grandchildren difficult in the best of circumstances. Visitation across state lines My ex has visitation only of my daughter. This case demonstrates how difficult it can become to exercise visitation rights even when an order is in place. The original state loses jurisdiction in two circumstances: The original state may also decline jurisdiction on a modification of the grounds that the alternative state is a more convenient forum. 3 Co-Parenting Tips to Help Reduce Stress During and After Divorce. Attorneys for the grandparents argue that failing to enforce the Colorado order would turn Florida into a haven for fleeing parents. From our office in Wheaton, Illinois we serve clients throughout DuPage County, Cook County, Kane County, DeKalb County, Kendall County and Will County including the communities of Naperville, Lisle, Glen Ellyn, Downers Grove, Warrenville, Winfield, West Chicago, Carol Stream, Bloomingdale, Lombard, Woodridge, Darien, Burr Ridge, Hinsdale, Clarendon Hills, Elmhurst, Oak Brook, Westmont, Addison, Roselle, North Aurora, Geneva, St. Charles, Bolingbrook, Batavia, Joliet, DeKalb, Sycamore, Yorkville and Oswego. If the parent is granted permission to relocate, the UCCJEA requires state courts to enforce custody and visitation orders from other state courts. In Florida, a case winding its way through the state courts provides a cautionary tale for what can happen. This means that you do not have the absolute right to visitation. Difficulties in exercising visitation rights across state lines. A court order may be broad stating that you have the right to three weeks during the summer. Spouses relocating after divorce is commonplace. The child or the child and a parent no longer have a significant connection with the state and there is no longer substantial evidence about the child available in that state; or. When a grandchild has been adopted by someone other than a step-parent, the right to visits generally ceases. It could also create more uncertainty for grandparents across the country. Working with an experienced family law attorney at Vernier & Associates, PLLC can ease the process. On behalf of Vernier & Associates, PLLC | Jun 16, 2016 | Child Custody. Case law in Florida places a parent’s visitation rights ahead of a grandparent’s rights. The state recognizes the important role that grandparents play in the lives of their grandchildren. Our skilled DuPage County family law attorneys at The Stogsdill Law Firm, P.C. Parents are navigating a new family dynamic, which includes learning to co-parent with their former spouse and learning to adapt to splitting time with their children. A Colorado court order awarded grandparents living in Colorado three weeks a year with the children of their deceased son. If the parent is granted permission to relocate, the UCCJEA requires state courts to enforce custody and visitation orders from other state courts. Families are frequently spread out across the country. Why are gray divorce rates steadily increasing? After moving to Central Florida, the children’s mother refused to comply with the order. This means that you do not have the absolute right to visitation. a skilled trial attorney with a proven track record. Under the UCCJEA, jurisdiction for an initial custody and visitation order should be based on one of four grounds. Parents who wish to modify an order, even if one of the parents or the child has relocated out of state, must go to the original court. Other kids may have moved to California or New England. You do not have JavaScript enabled. Often, a typical parenting plan and visitation schedule is not suitable in long-distance situations when each parent resides in a different state. As a result, visitation issues across long distances (and state lines) frequently arise. Difficulties in exercising visitation rights across state lines After an order is in place, the custodial parent is generally required to get a court order to relocate with the child across state lines. Getting along with a parent is not a prerequisite to being able to spend time with your grandchildren. What Methods Do Spouses Use to Hide Property in a Divorce? are available to help you with your child custody issues. Your children may still reside within Texas but across the state in Austin or San Antonio. Incarceration, incompetency or death of one or both or the parents. Those challenges become even more complex when a parent and child relocate to a different state. For example, a judge could award you visitation with your child every other weekend and extended visits once a month if you live in a neighboring state. Can I Modify My Child Custody Agreement After My Divorce? Under the UCCJEA, a state that has issued a custody or visitation order has exclusive and continuing jurisdiction over the case. When Custody Battles Flare Across State Lines Highly Skilled Family Law Attorneys. Vernier & Associates, PLLC is located in The Woodlands and serves the surrounding areas of Spring, Houston, Conroe, Harris County, Montgomery County, Fort Bend County, Liberty County, San Jacinto County, Walker County, Galveston County and throughout the regions of North Houston, Houston metro area and also throughout Texas. How are conservatorship conflicts resolved in Texas?