Again, this is possible if the parents live in two states as it does not always mean a 50-50 split between each parent’s home. Given the vast possibilities of differing factual situations, finding cases which are directly on point to a current client’s matter can be very challenging. One last thought. If you and your spouse have separated and live in different states, you may each want to file for custody in your current state of residence–but you can't. The concept of home state is the lynchpin of UCCJEA jurisdiction. Once you've determined which state has jurisdiction over your custody arrangements, you can make your parenting plan and visitation schedule. He has a change of heart, however, and petitions the Florida court for sole custody. The child must be physically present in Tennessee. What if Tennessee is asked to modify another state court’s initial custody decree? Is Support Based on Actual Parenting Time? Another jurisdictional hook is the Tennessee court’s temporary emergency jurisdiction under T.C.A. The statute sets forth the process for deciding which state court is best positioned to determine what is in the child’s best interests and to enter orders accordingly. What happens to another state’s custody enforcement proceeding when a petition for modified custody is filed here? § 36-6-217(a). As a result, visitation issues across long distances (and state lines) frequently arise. The concept of home state is the lynchpin of UCCJEA jurisdiction. Your UCCJEA flow chart is awesome! When considering child visitation plans for parents living in separate states, it is important to stay flexible and communicate openly. Is Tennessee the child’s home state? Child Visitation Plans When Parents Live in Separate States Flexible Schedule. The child’s home state is defined as “the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody … NOLODRUPAL-web1:DRU1., related costs associated with child visits out of state. No single plan will fit all circumstances but, as long as the parents commit to having a plan, the details can be more easily arranged. Physical custody means the child has a home with both parents. •. Long distance schedules differ from other schedules in that they usually place the child with one parent for most of the time and with the distanced parent for extended visits throughout the year. Needless to say, this adds considerably to parents’ anxieties about their children’s futures and their own. Jurisdiction disputes between parents located in different states happen more often that you might think. In fact, most children spend about one-third of their time with … In order for a child to fly, that child must meet a minimum age requirement for independent travel. With today's technology, e-mails, text messages and Web cameras can be used to maintain invaluable parental contact. Nearly every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA) dictates how courts handle custody decisions when the parents live in two different states. Simply fill out this form to connect with an Attorney serving your area. What does Uniform Child Custody Jurisdiction mean? Should it matter if the child lives with grandparents in a third state? It is complicated, detailed, and difficult to interpret. I use an example of Tony who was a fantastic father and should have gotten parenting time but because he lived far away from the mother and the child's school, the judge did not give the father parenting time with his child. What Constitutes a Violation of a Custody Agreement. The child’s home state is defined as “the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. Spouses relocating after divorce is commonplace. § 36-6-219. Not in Tennessee and not in other states. The attorney listings on this site are paid attorney advertising. Holidays such as Thanksgiving and Easter may be thrown in the mix, as well as Mother's Day and Father's Day, each parent's birthday, and the child's birthday. In today's society, people are mobile and tend to move often. T.C.A. When you and your child's other parent live in different states but still relatively close, you just need a standard parenting plan, and you have many options for your visitation schedule. There are two reasons why the Tennessee court would relinquish its exclusive continuing jurisdiction over the custody matter. In these instances, flying might be the only viable alternative for a child's travel to visits with the non-custodial parent. See T.C.A. These tactics – some lawful, some unlawful – had harmful consequences for children. Emergency grounds for jurisdiction are abandonment or the need to protect the child, a sibling, or a parent from immediate mistreatment or abuse. When does TN child support end for a parent of one child? Visitation might encompass school breaks during fall and spring, Christmas break, and extended stays during summer. At some point, in most cases, the resolution may come as a result of the two states’ judges speaking on the phone about the facts and direction of the litigation. Can a Custodial Parent Owe Child Support? What is the legal age that a child can choose which parent to live with? Credit for Supporting Children Not Living in Parents Home, Credit for Supporting Children Living in Parents Home, Caps on Child Support for High Income Parents, Travel Expenses for Long Distance Visitation. Is Tennessee the child’s home state?