Irvine Interstate Child Custody Attorney
When a parent plans to move out of state following a divorce, they must consider interstate child custody in their parenting plan. It’s not enough to simply leave the state or submit a parenting plan to the court that doesn’t include interstate visitation or a shared custody parenting schedule, and then proceed however you wish. It is in your and your family’s interest to enlist the help of an experienced Irvine interstate child custody lawyer to help you through your case.
The Dorie A. Rogers, APC, family law firm is committed to focusing on children’s emotional and developmental needs and putting their interests first in devising workable solutions for families. We take a strategy-driven and goal-oriented approach to family law, which we have found to be the most successful way to help families get through the hardest times and most difficult legal struggles.
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When you first step into our offices, we will walk you through the entire process, so you will know what to expect. Taking the time to understand your family dynamics and goals, we will help you develop a strategy at our first meeting. From that point forward, we will continue to pursue your rights in accordance with our strategy whether it is with hearings or negotiations until the time of trial or conclusion by settlement.
With our strategic planning we will be prepared from the onset to accomplish our goals regardless of the challenges we encounter. Gathering all of your financial information we will collect a complete picture as we determine if outside experts should be brought in to strengthen your case. We work with a network of forensic accountants, psychologists, and investigators in order to best assist our clients in furthering their goals. We can also refer you to counselors as needed.
Interstate Child Custody
When married parents divorce and one parent moves out of state with the child, you may not know which state has jurisdiction to handle custody orders. To make it easier for families to deal with the court systems, the US Congress has enacted three laws to help determine jurisdiction. These are the Parental Kidnapping Prevention Act (PKPA), the Uniform Child Jurisdiction and Enforcement Act (UCJEA), and the Uniform Child Custody Jurisdiction Act (UCCJA).
The PKPA maintains that the state in which the child lived for at least 6 months prior to the custody petition filing, also referred to as the child’s home state, has priority jurisdiction for custody matters. California has adopted the UCCJA and developed a Family Code §§ 3400-3465 jurisdiction map to help interpret this law.
A Irvine interstate child custody lawyer who is well-versed in these laws and other California statutes regarding interstate child custody can advise parents in a unique situation on which laws apply to their case specifically.
Speaking with an attorney can inform parents of their rights regarding interstate child custody and what they need to do to get a court order for interstate child custody. An attorney can also help them understand the process and laws by which they must proceed and follow to maintain legal interstate shared custody of their children.
More than one million children are affected by divorce every year. Since many of these marriages end within the first seven years, many of these children are not even seven years old.
You can lessen the negative effects of divorce on your children with balanced and fair co-parenting. Seek out an experienced Irvine interstate custody lawyer and listen to their advice, as they can provide an objective and informed perspective based on their experience with countless situations like yours.
Modification of Custody Orders
In some cases, the circumstances of one parent who shares custody of their child change, and they find they need to move out of California or the state in which their child and their child’s other parent live. When existing custody orders need to be modified, a custody order modification is required. This is done through a California Family Court.
It is not recommended that parents in these situations make a verbal agreement with their child’s other parent okaying the move, whether moving out of state with the child or moving out of state alone. When parents do not get a formal court order securing their visitation rights and/or right to see their child outside of California, they run the risk of having further legal complications down the road.
Similarly, moving out of state with your child, even if the child’s other parent agreed to it, can also instigate legal problems if the other parent changes their mind. You could be facing kidnapping charges or, at the very least, be held in contempt of court and risk losing visitation rights temporarily or even permanently.
Modifying a custody order to allow for interstate custody is a way to protect your rights as a parent and to protect your child from involvement in potential conflict or from losing their relationship with one parent. It also serves another important purpose, though. By putting the new parenting plan in writing, everyone knows what is expected and can be on the same page regarding shared custody and parental visitation, which they are ordered by the court to follow.
FAQs
Q: How Much Does a Child Custody Lawyer Cost in California?
A:The cost of a child custody lawyer can vary depending on factors such as the location of the divorce, the rate of the attorney being flat rate or per hour, which can be more for more experienced attorneys who have more credentials, the complexity of the case, the necessity for litigation or mediation, and other components of a custody case that affect legal costs.
Q: Can a Mother Move a Child Out of State Without a Father’s Permission in California?
A: No, neither a mother nor a father can move out of state with a child without a court-ordered custody modification or court order when custody is shared. Even when custody is not shared, both parents still have equal rights to a child. Moving without the consent of the other parent can cause serious legal repercussions and, in some cases, can even warrant kidnapping charges against the parent who took the child out of California without the other parent’s consent.
Q: What Is an Interstate Custody Schedule?
A: An interstate custody schedule is a plan that outlines and details where children will live when their parents live in different states. It includes visitation schedules for each parent when parents share custody. They also include details about travel arrangements and payment arrangements for travel, as well as holiday schedules, so there is no question regarding which parent the child will be with and when and in what state they will be.
Q: Is California a 50/50 State for Child Custody?
A: California is not necessarily a 50/50 state when it comes to child custody, meaning there is no California law that mandates a 50/50 schedule for parenting time and shared custody. California sees each case as unique, and arrangements are made for the individual child’s best interest. There is no default schedule for parenting time or visitation in the California Family Court.
If your family is struggling with an interstate custody issue, whether in divorce, after a divorce, or in some other circumstance, The Dorie A. Rogers, APC, can help your family, just like she has successfully helped so many families in the Irvine community. If you are shopping around for a Irvine interstate child custody lawyer, contact The Dorie A. Rogers, APC, to discuss your legal options.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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