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If I don’t like an existing custody arrangement, can I file for custody in another state?

Post by Christopher Migliaccio

If you are confused about child custody, such as issues pertaining to moving out of state, speak to a Plano child custody attorney for clarification. For instance, if you hope to change an existing custody arrangement, you cannot simply file for custody in another state in hopes of getting your way.

If you wish to alter a child custody agreement, you must return to the state in which the original custody order was made. In some cases, you may be able to ask the courts to allow another state to be in charge of the agreement and make decisions. This is because of a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA ).

All states have this law in place to prevent parents from kidnapping the child and moving from state to state in hopes of getting the court decision they want. A state cannot reach a child custody agreement unless the child has been residing in that state, which would be considered his or her “home state,” for at least the past six months.

Another state may be able to make a decision regarding child custody only in emergency situations. The parents must have a compelling reason to do so and usually these types of changes are made only on a temporary basis. Contact a Plano child custody attorney if you believe you have an emergency situation that calls for another state to make a custody decision.

If you disagree with your current child custody agreement, a Plano child custody attorney can determine your options. Contact the law offices of Warren & Migliaccio, L.L.P for legal help. They are Texas attorneys who can help you with issues pertaining to family law. Contact them today at (888) 584-9614.

FAQ Category: Child Custody

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