Koslosky & Koslosky

Interstate Child Custody & Visitation

Since we live in a modern and highly mobile society, it is common for parents to move from one state to another. Unfortunately, there are many cases where children are separated from one parent by circumstances beyond their control and, as a consequence, litigation concerning custody and visitation exists across state and national borders. Koslosky & Koslosky represents clients who currently live in other parts of the country who need local representation in matters of child custody, visitation, child support, or enforcement of existing orders. We have experience representing clients who live in Florida, Michigan, California, Texas, Pennsylvania, New Jersey, Vermont, Massachusetts, North Carolina, Alabama, Arkansas, Arizona, New Mexico, Wyoming, Illinois, Indiana, Colorado, Maine, Kentucky, South Dakota, Connecticut, Maryland, Virginia, and 15 other states.

Interstate custody disputes in New York State are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA contains procedures for courts to determine whether a custody case should be decided in New York or another state where the children currently reside. One of the most important factors for a Court to consider in determining whether to exercise jurisdiction in a custody dispute is which state is the “home state” of the children. Generally, if the children have resided in a certain state for more than six months, that state will be considered the “home state” of the children. However, there are also certain other factors which must be taken into consideration such as whether the children or one of the parents has a significant connection with New York State and whether substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships.

The UCCJEA also contains mechanisms for the enforcement of a custody or visitation order which has been issued by another state. Upon filing of a petition for enforcement of an out-of-state custody determination, a court can issue an order directing one of the parents to appear in person with the child, and the court can order that the petitioner be given immediate physical custody of the child and that the other party pay the fees, costs and expenses of the moving party.

For more information, or to schedule an appointment, contact us at either:  (315) 724-5477 or wlk@kosloskylaw.com. All inquiries are Confidential.