Helping Parents Manage Interstate Custody Issues

We live in a mobile society, and due to unfortunate economic circumstances in northeastern Ohio, many people have had to relocate from our area. The Biviano Law Firm represents clients who currently live in other parts of the country who need local representation in matters of divorce, child custody, visitation, child support or enforcement of existing orders. We have experience representing clients who live in Florida, Michigan, California, Texas, New York, Illinois and other states.

Interstate custody disputes: Interstate custody disputes 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 Ohio 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 minor children. As a general rule, 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 that must be taken into consideration such as whether the children or one of the parents has a significant connection with the state of Ohio 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 that has been issued by another state. Upon the 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 minor 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.

Interstate child support issues: If you live in a state other than Ohio, you may have been served with a complaint or motion for payment of child support. However, if you have never lived in Ohio, Ohio may not have jurisdiction ("personal jurisdiction") to order you to pay child support or to modify a child support order that was issued by another state. As a general rule, in child support matters any complaint or motion for child support must be filed in the state where the noncustodial parent resides. This is very important because personal jurisdiction can be waived if the motion is filed in the wrong state and the issue is not raised by a party. If you live in another state and you have been served with a complaint or motion that has been filed in Trumbull County, Mahoning County, Columbiana County or Ashtabula County, you should immediately contact an experienced Ohio law firm to determine your legal rights.

At Biviano Law Firm, we represent parents and spouses who live in other states and need local representation in matters of interstate custody and visitation disputes and interstate child support issues.

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For aggressive, effective legal representation in complex interstate divorce, child custody or child support cases, contact our Warren, Ohio, law firm.