
Basics of Interstate Custody
Interstate custody cases can be complex. It’s crucial to adhere to the original state’s custody order before moving across state lines. Courts don’t look favorably on relocations that violate existing orders.
For families planning a move, it’s advisable to address potential issues in the original custody agreement. If parents can’t agree on relocation, courts will weigh the child’s prospects in both locations.
Those with sole custody have more flexibility to move, while shared custody situations are more complicated. Each state must respect custody orders from others, as mandated by the Full Faith and Credit Clause.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps reduce confusion in interstate custody cases by requiring states to recognize rulings from others. Judges typically avoid rehashing past orders unless circumstances have significantly changed.
Emergency situations may arise if a child’s safety is at risk. Support systems like law enforcement and the Uniform Interstate Family Support Act (UIFSA) help protect children’s interests across state lines.

Full Faith and Credit Clause
The Full Faith and Credit Clause in Article IV of the Constitution requires states to recognize each other’s public acts, records, and judicial proceedings. This provision aims to create cohesion among states.
In custody cases, this clause ensures that a child’s home state custody order is respected elsewhere. However, states retain some discretion in applying the clause when local laws conflict with out-of-state rulings.
The UCCJEA works alongside the Full Faith and Credit Clause to keep custody orders consistent across state lines. It prevents parents from seeking more favorable rulings by moving to different jurisdictions.
While the Full Faith and Credit Clause promotes interstate cooperation, it allows for some flexibility in how states apply each other’s laws and rulings.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA determines which state’s court has jurisdiction over child custody cases. It aims to prevent conflicting orders from different states and maintain stability in custody arrangements.
The act prioritizes the child’s “home state,” typically where the child has lived for the past six months. If no state meets this criterion, it considers where the child has substantial connections.
The UCCJEA also addresses situations where a state declines jurisdiction, ensuring clear guidelines for which court should handle the case. It sets strict criteria for temporary emergency orders to prevent unnecessary disruptions to existing arrangements.
By establishing clear jurisdictional rules, the UCCJEA helps ensure that custody orders remain consistent and enforceable across state lines.
Key aspects of the UCCJEA:
- Determines jurisdiction for custody cases
- Prioritizes the child’s “home state”
- Addresses declined jurisdiction scenarios
- Sets criteria for emergency orders
- Promotes consistency in interstate custody matters

Modification and Enforcement of Custody Orders
Modifying out-of-state custody orders requires careful consideration of jurisdiction. Under the UCCJEA, courts must determine whether the original court’s jurisdiction is still appropriate or if circumstances have changed significantly.
Emergency jurisdiction allows a state to intervene quickly if a child’s safety is at risk, providing temporary protection until the case can be properly addressed.
The UIFSA facilitates the enforcement of child support orders across state lines. It prevents parents from evading obligations by moving to different states and ensures consistent enforcement of support orders.
"The UIFSA helps enforce child support orders across state lines. The main point here is that a person's 'mere physical presence' in a state isn't enough for that state's court to change a child support order from another state."

Legal Challenges and Considerations
Interstate custody disputes involve complex legal and emotional challenges. They require a thorough understanding of both state and federal laws.
Legal representation is crucial in navigating these cases. Attorneys familiar with interstate custody law can effectively use tools like the UCCJEA and UIFSA to protect their clients’ interests.
Each state has its own legal nuances, making it essential to understand which laws apply in a given situation. The emotional toll of these disputes can be significant, affecting all parties involved.
Decisions in interstate custody cases can have long-lasting impacts on family relationships. It’s important to approach these situations with a focus on the child’s best interests while navigating the legal complexities.

At the core of interstate custody, one guiding principle stands firm: the well-being of children should always take precedence over jurisdictional disputes. This focus on children’s welfare is the cornerstone that holds the legal framework together, ensuring that amidst all the legal wrangling, their best interests remain protected.
- Parental Kidnapping Prevention Act of 1980, 28 U.S.C. ยง 1738A
- Full Faith and Credit for Child Support Orders Act of 1994, 28 U.S.C. ยง 1738B
- Uniform Child Custody Jurisdiction and Enforcement Act (1997)
- Uniform Interstate Family Support Act (2008)
- Obergefell v. Hodges, 576 U.S. 644 (2015)