Separation and divorce can cause plenty of division between individuals without the complication of an actual geographic line down the middle. However, there are times when certain events can force someone from his or her home base in an emergency, such as the recent weather-related events in California and the south, not to mention job upheavals across the nation and an increasingly mobile society. In occasions like these, complications in family law areas such as custody and support can become…well, complicated.

Historically, family law has been a matter of state regulation. However, when one parent moves (or is displaced) to a new state, especially with children, there are federal laws that protect families.

DISPLACEMENT AND CUSTODY CASES

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is intended to provide interstate stability, eliminate jurisdictional conflict and promote cooperation between courts of different states in dealing with child custody issues. How does the act apply in Pennsylvania?

If a person has been displaced and wants to start a new custody case, Pennsylvania courts have jurisdiction to make an initial custody determination only if Pennsylvania is the “home state” of the child at the commencement of the proceeding. If a child has not lived in Pennsylvania for at least six months, a court must ascertain whether, during the preceding six months, the child had a different “home state.” A child can only have one home state at a time. There are, of course, exceptions to this rule.
If a person has been displaced and wants to file an emergency custody action, emergency situations are exceptions to the general jurisdiction rules. In emergency situations, Pennsylvania has temporary emergency jurisdiction of a child present in Pennsylvania who has been abandoned, or where assertion of jurisdiction is necessary to protect the child from abuse on an emergency basis. Since the UCCJEA limits emergency jurisdiction, emergency jurisdiction is temporary and is not to be expanded to allow a final custody determination unless the home state requirements are met.
If a person has been displaced and needs to modify a custody order, once a court has established jurisdiction and issued an order regarding child custody, that court retains what is called “exclusive modification jurisdiction,” if the order later needs to be modified or amended in any way. With limited exceptions, the original state that issued the order will be the only one with jurisdiction to modify the order. Again, exceptions include if neither the child nor either parent lives in that state, or the child no longer has a significant connection with that state.
If a person has been displaced and needs to enforce a custody order, a parent who moves to a new state with an existing child custody order may register the order in the new state. This is critical to enforce the child custody order in the future, if needed.

DISPLACEMENT AND SUPPORT ACTIONS

The Uniform Interstate Family Support Act (UIFSA) regulates a one-order system for the establishment, modification and enforcement of support orders:

If a person has been displaced and wants to initiate a support action, UIFSA allows a parent or spouse to institute a support action in the home state of the obligee, as opposed to obligor. The paperwork is then forwarded to the state where the obligor resides, a hearing is held, and an order is made.
If a person has been displaced and wants to enforce a support action, pursuant to UIFSA, foreign support orders may be enforced in a state other than the issuing state.
If a person has been displaced and wants to modify a support action, continuing exclusive jurisdiction determines which state has the authority to modify an existing support order. The issuing state has continuing exclusive jurisdiction to modify the order as long as one individual or the child still lives in the issuing state. If neither of the parties nor the child reside in the issuing state, or if they agree in writing for another state to exercise jurisdiction, the modifying state becomes the new continuing exclusive jurisdiction.
If a child has been displaced and is in the custody of a third party, an action for support may be brought on behalf of a minor child by the third party caring for the child. The welfare department in Pennsylvania also has standing to bring a support action on behalf of a welfare recipient.

There are simple steps you can take to prevent being at a complete loss in the event of a disaster or when unexpected circumstances strike. Although it can be a tedious and time-consuming task, compiling an evacuation file with important documents such as a divorce decree, custody/support orders, property settlement agreements, marriage certificate, estate plans, real estate documentation, insurance information, license, passport, birth certificates, social security number, etc., may make the process much more navigable. Then, in the wake of a disaster or displacement, you can consult with an experienced family law attorney to help you through the complexities of interstate custody and support issues.

Here in Bucks County, Williams Family Law is a top law firm for custody and support issues. You can reach us by phone at 215-340-2207, or email info@bucksfamilylawyers.com.