Schwartz, Fox & Saltzman, LLC. – Philadelphia Divorce Lawyers
Child custody disputes are often stressful and emotionally challenging. Navigating a child custody dispute when one or both parents live in different states comes with unique challenges. For over 30 years, the Philadelphia child custody attorneys at Schwartz, Fox & Saltzman, LLC, have successfully litigated child custody cases for Pennsylvania parents.
In this article, our law firm provides an overview of the relevant laws, issues, and intricacies applicable to child custody cases involving parents outside Pennsylvania.
Custody When Parents Live in Other States
In most child custody cases in Pennsylvania, both parents reside within Pennsylvania. Logically, this means the laws of Pennsylvania govern any custody disputes which may arise between parents. However, things can become more complicated when one parent lives in a different State with conflicting laws regarding child custody arrangements.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
In 1997, the National Conference of Commissioners on Uniform State Laws passed the UCCJEA. It is not a Federal law. Instead, nearly every state has adopted this code to provide guidelines regarding legal jurisdiction to ensure a consistent and fair approach to resolving child custody disputes.
Interstate Child Custody Agreements
The UCCJEA is codified in Pennsylvania law (23 Pa.C.S.A. § 5401, et seq). Under this law, a court in Pennsylvania can issue a custody order if Pennsylvania is the child’s home state. Alternatively, suppose a child has no home state. In that case, the parent who lives in Pennsylvania can exercise jurisdiction in Pennsylvania if the parent or child has a significant connection to Pennsylvania (23 Pa.C.S.A. § 5421(a)(2)(i)).
The Child’s “Home State”
If Pennsylvania is deemed a child’s home state, then a court in Pennsylvania will have jurisdiction to enter a custody order. Pennsylvania is considered a child’s home state if they lived within Pennsylvania for at least six consecutive months before the filing of a child custody lawsuit (23 Pa.C.S.A. § 5421(a)(1)). Additionally, one parent must also reside in Pennsylvania.
Visitation Durations & Schedule
In certain narrow situations, a child will not have an easily identifiable home state, so a court must determine if Pennsylvania has jurisdiction based on the child or parent’s significant connections, i.e., ties to the community. One of the factors a court will look at is the amount of time a child spends in Pennsylvania. The parent who lives in Pennsylvania can use a visitation schedule as evidence of a significant connection to Pennsylvania.
Without a formal custody order, both parents are entitled to custody and visitation under Pennsylvania law (23 Pa.C.S.A. § 5327). If a parent wants Pennsylvania declared the child’s home state and seeks primary custody, they must prove it is in the child’s best interest (23 Pa.C.S.A. § 5328). A visitation schedule can be useful evidence as it proves the duties performed by each parent while also demonstrating the other parent’s de facto status of having partial physical custody in the form of extended visitations.
Transportation Arrangements
The parent who lives in Pennsylvania can also use a child’s transportation arrangements as evidence of a significant connection to Pennsylvania. For example, arrangements such as carpool and school bus schedules can serve as powerful evidence for the custodial parent seeking to invoke Pennsylvania jurisdiction. Specifically, this evidence can show deeper connections to the community, such as the child’s education and recreational activities.
Holidays & School Break Schedule
A court is more likely to find Pennsylvania to be the child’s home state if they spend numerous holidays in Pennsylvania. For example, suppose a child spends each holiday in Pennsylvania. In that case, a court may determine this as a significant connection based on the time and relationships they develop with local relatives. Additionally, a court may determine Pennsylvania to be the home state if a child primarily socializes with their friends during school breaks in Pennsylvania.
Modifying an Existing Interstate Child Custody Arrangement
Under Pennsylvania law, a court can only enforce but not modify an out-of-state child custody order (23 Pa.C.S.A. § 5446(b)). Absent an emergency, to modify an existing child custody order, a court must first determine it has jurisdiction based on the six-month rule or significant connection test ((23 Pa.C.S.A. § 5422(b)). A court can temporarily modify a foreign custody order if a child has been abandoned or is threatened with mistreatment or abuse (23 Pa.C.S.A. § 5424(a))
Talk with a Pennsylvania Child Custody Attorney
A child custody matter involving one parent who lives outside Pennsylvania can raise complex legal issues surrounding jurisdiction. If your child’s other parent lives outside Pennsylvania, you need experienced legal representation to successfully overcome these potential legal issues. Contact the dedicated Philadelphia child custody lawyers at SFS for a free consultation and to learn more about our personalized legal services.
