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When parents live in two states, child custody and visitation issues become more complex. Numerous questions arise regarding which state will have jurisdiction to make custody determinations and, in turn, which state’s laws will apply. Wisconsin and other states have adopted federal statutes to ensure that multiple states do not make competing custody decisions. These laws apply both during the initial determination and during attempts to modify custody or relocate the children across state lines.
If you are involved in an interstate custody dispute, it is critical to seek professional legal guidance. At the family law practice of Jacobson Legal Group, S.C., in Brookfield, our interstate custody dispute attorney understands the complexities of these cases. With more than 20 years of experience and dedication exclusively to family law and resolving child custody disputes.
Our team of professionals can advise you on what to expect. We understand the intricacies surrounding interstate custody disputes. We work diligently to help clients obtain favorable and workable custody arrangements.
Understanding Interstate Custody Laws
Wisconsin has adopted two federal laws governing interstate child custody: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA). Together, these laws establish legal standards for custody situations involving more than one state.
The UCCJEA governs which state will have jurisdiction to make custody determinations. Generally, the state where the child has lived at least 6 months and has the most significant connections — for example, with the school, community and relatives — will be considered his or her home state for custody purposes. However, another state can make emergency custody decisions if the child is in danger.
The PKPA prohibits one parent from relocating the child to another state to delay or avoid custody proceedings. Transporting the child across state boundaries to prevent the other parent from exercising parental rights is a felony.
Contact Our Waukesha County Child Custody Modification Attorneys · Serving Entire Metro Area
Whether you are considering divorce or seeking to modify an existing custody arrangement, our attorney can help you navigate the complex legal considerations arising from interstate custody disputes. Please call 262-780-0460 or contact our firm online to learn more about how we can assist you. We offer no-obligation initial consultations for a single flat fee.
Based in Brookfield, just off Interstate 94, we serve clients throughout the region.