July 25, 2025

How to Handle Custody When Parents Live in Different States

When co-parents live in different states, child custody matters can quickly become complicated. Whether you’re seeking to enforce an existing custody order or modify one due to life changes, the laws governing interstate custody disputes are governed primarily by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Here’s what you need to know if you find yourself navigating custody issues across state lines.

What Is the UCCJEA?

The UCCJEA is a uniform law adopted by 49 states, the District of Columbia, and U.S. territories (excluding Massachusetts), designed to prevent conflicting custody orders between states. It establishes:

  • Which state has jurisdiction to make or modify a custody order.
  • How states must cooperate in enforcing custody determinations.
  • Standards for declining jurisdiction if a state is an inconvenient forum or if another state has a stronger connection to the child.

Which State Has Jurisdiction?

Under the UCCJEA, jurisdiction typically lies with the child’s “home state” — the state where the child has lived with a parent for at least six consecutive months before the legal action begins. For infants under six months, the state of birth may qualify as the home state.

There are exceptions:

  • If the child has moved but a parent still resides in the original state, that state may retain exclusive jurisdiction.
  • In emergency situations (e.g., abandonment, abuse), a state where the child is present may take temporary emergency jurisdiction.

Enforcing an Out-of-State Custody Order

If a custody order was issued in another state, and the child or parent now resides in Pennsylvania (or vice versa), the UCCJEA allows for registration and enforcement of the order in the new state.

How to Register a Custody Order:

  1. File the certified custody order with the appropriate court in the new state.
  2. Notify the other parent, who then has an opportunity to contest enforcement under limited circumstances (e.g., lack of notice, fraud).
  3. Once registered, the custody order becomes enforceable in the new state just like a local order.

This is especially important for visitation interference or when law enforcement assistance may be necessary.

Modifying a Custody Order from Another State

Generally, only the state that issued the original order retains the authority to modify it—unless:

  • Neither parent nor the child resides in that state anymore; or
  • That state declines jurisdiction because another state is a better forum.

So, if a parent relocates and wants to change the custody agreement, they typically must:

  • Petition the original court to relinquish jurisdiction, and
  • Then seek modification in the new state.

This process helps prevent “forum shopping” and keeps jurisdiction clear and consistent.

Common Scenarios and Legal Considerations

  • A parent moves out-of-state for a job and wants to change visitation terms — jurisdictional rules under the UCCJEA must be reviewed first.
  • A parent with custody in one state believes the child is at risk in the other — temporary emergency jurisdiction may apply, but the home state must ultimately weigh in.
  • Military families or families who move frequently often face added complexity — proper legal steps must be taken to maintain or shift jurisdiction.

How a Family Law Attorney Can Help

Interstate custody issues are highly technical and emotionally charged. An experienced family law attorney can:

  • Determine the proper jurisdiction for your case.
  • Assist in registering or contesting an out-of-state custody order.
  • Help you navigate a custody modification across state lines.
  • Ensure your rights—and your child’s best interests—are protected.

Final Thoughts

Child custody disputes are challenging enough without adding miles and multiple jurisdictions into the mix. Whether you’re enforcing an existing order or facing a possible move, understanding the UCCJEA is essential. The key is acting early and legally — with help from a skilled legal team who understands the ins and outs of interstate custody law.