Search Site
Menu

Key Child Custody Issues for Parents Living in Different States

If you and your spouse have children, but are already separated and living in different states, you may think you can each file for custody of your children in your current state of residence. However, this is not the case at all. Almost every state (including Minnesota) follows the Uniform Child Custody Jurisdiction and Enforcement Act, which means you’re only allowed to file custody actions in the child’s home state — the state in which the child has lived for the last six months.

Distance does not necessarily determine the type of parenting relationship you will have with your child. It’s common to continue to share joint legal custody even if the parents live in different states. However, the distance can make it very difficult or impossible for parents to have joint physical custody, especially if the children are already in school and entrenched in their communities.

Therefore, if you live in a different state than your kids, your spouse will most likely receive sole physical custody (assuming he or she is determined to be fit for parenthood by the courts), with you having visitation rights.

Modifying arrangements when parents live in different states

The situations in which you would seek a modified arrangement, however, are still the same. If, for example, it becomes clear that one parent is clearly unfit for parenthood, the other parent could take full custody — regardless of how far away they live. All modifications to a child custody arrangement must be made in the state that initially issued the custody order unless the parties and the children no long reside in that state575.

To learn more about custody arrangements for divorced parents who live far apart, contact a knowledgeable Minnesota child custody attorney with Appelhof, Pfeifer & Hart, P.A.

Leave a Reply

Your email address will not be published. Required fields are marked *

Our Attorneys
Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

AWARDS & RECOGNITION


superlawyers
Contact us

Quick Contact Form