Frequently Asked Questions
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has authority over custody cases. Generally, the child's home state (where they've lived for 6+ months) has jurisdiction. This prevents custody shopping and conflicting orders across states.
Not directly, but courts consider the child's preferences, especially if the child is age 14+. The weight given to the child's preference varies by state. Younger children's wishes may be considered but carry less weight than other factors.
A parenting plan documents custody arrangement, visitation schedule, decision-making responsibilities, communication methods, and dispute resolution. It provides clarity, reduces conflict, and helps courts enforce orders consistently.
Most states require a substantial change in circumstances before allowing modification. Timeline varies: typically 2-3 years before the first modification is considered, though emergency requests (abuse, safety) can be expedited.
The relocating parent must typically provide notice and request court approval. Courts weigh whether the move is in the child's best interests, considering the relationship with both parents, educational/career opportunities, and reasons for the move.
Yes, but typically only if both parents are unfit, deceased, or unable to provide care. Grandparent custody is increasingly common and courts may award it to maintain family relationships, especially in kinship situations.