We live in two different states, and according to our divorce decree, he is to meet me half way between the two cities every other time. Frequent contact by telephone, e-mail, and instant messaging may help the non-custodial parent to be a part of the child’s daily life. Living far from your child adds another layer to the process of creating a visitation schedule. If your children reside in a different state and you want to initiate or enforce your visitation rights, the first thing you need to know is where to file your case. Typically, when parents live far away from one another, one parent will have primary custody of a child during the school year, and the other parent will receive substantial visitation in the summer. Teenagers may have work schedules to take into account. Physical custody orders determine who the child will live with; if the child will live with both parents equally, or if one parent will have visitation with the child. You should consider allowing the distanced parent to visit so the child doesn't have to travel as frequently. Visits are usually less frequent but longer. Parents can live in different states and share legal custody if the parents have a cordial relationship and communicate, although it can be difficult for the parent who does not live in the same state as the child to participate in medical appointments, for example. If sharing custody of a minor child requires the minor child to travel via airplane to reach the other parent’s home, the Court has the discretion to order for the parents … Federal law defines this as the state where the child has resided for the past six months. If the child lives in a different state than one of the parents, the UCCJEA determines which state has jurisdiction or the right to hear the child custody case. Since a visitation arrangement that might work for parents who live a few blocks apart won’t work for parents who live a few states apart, default schedules often contain separate rules for each type of living arrangement. by Contreras Law Firm | Sep 16, 2020 | Child Custody, Practicing Family Law in San Diego, CA is very unique in that many of our clients find themselves in a different state than their child’s other parent, especially if one or both of the parents are in the military. When parents live in different states, the child lives with one parent and visits the other. Parent-child visitation allows parents who do not have physical custody to see their children on a regular basis. Every parent has an obligation to support his/her children. A state has home state jurisdiction if the child is located in the home state when proceedings are commenced or if the state was the child’s home within six months of when the proceedings were commenced and one parent continues to reside in the state. Out of state visitation schedules are not easy plans to create for several reasons. In other cases where parents live a short distance away, but across state lines, more frequent visits are warranted. So yes, you can have a workable parenting schedule when the parents live in 2 different states. The parent who wants to relocate out of state or by more than 100 miles needs to provide notice of the move to the other parent at least 60 days in advance. How is child custody determined if parents live in different states My daughter and her son (1 year old) moved with her fiance from Texas to Nevada. When parents live in different states, especially those separated by long distances, it is critical that both parents try to support the child’s relationship with both parents. When parents live in two different states, it is usually impossible for the child to live with both parents equally. This parenting time shall be no less than 4 days and shall specifically include the funeral day, the day before and the day after. Figure out when this is feasible and where the parent will stay. Click here for our practice policy regarding COVID-19. Prior to or simultaneously with enforcing an out of state order you must file to enroll the out of state order. Lynn's Question: We have a court ordered visitation schedule and he is the custodial parent. So parents who live in different states (and by “living in different states” I’ll assume that means parents that live a long distance away from each other, not just over the state line from each other) could still be awarded joint legal custody of their child, but the odds of being awarded joint physical custody are slim, and for obvious reasons. Young children who aren't in school have more availability for visits. For initial petitions, this will typically depend on where the parents and children reside as well as how long the children have lived in or out of a particular state. It should include information about how the child will travel, how the parents will pay for travel, terms for … If you and your former partner live in different states after your separation or divorce, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) states that you both must file for custody in the state where the child lives. 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