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Interstate parenting plans happen when one parent has moved out of Colorado or to another, much farther corner of the state either before or after a divorce is finalized.
Interstate parenting plans take into consideration that your child will live with one parent the majority of the time due to greater distances. These plans also help you navigate holidays, transportation costs, and time spent with your child when the physical distance doesn’t allow for a 50-50 sharing plan.
If a parent moves out of state after a divorce is finalized, they may wish for the court system in their new state of residence to handle custody / parenting plans. In contrast, the other parent wishes for the Colorado courts to continue handling the case, and disputes can arise.
Happily, there’s a uniform set of statutes that have been adopted in most states called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). That uniform set of laws decides in each case which state will have the jurisdiction and be able to make those decisions about a conflict in parenting time.
It’s most common that the state involved is the state wherein the divorce order was entered, though that’s not always the case. In some cases, you or the other party may move out of state with your child, giving that state more context with your child’s care and making it the better option for handling legal matters.
At any time, you and the other party can amicably choose to move the jurisdiction from Colorado to another state, so long as you both agree that this is best.
The first factor to consider is which state is going to have jurisdiction over parenting plans. Even though the UCCJEA has a uniform set of statutes for determining jurisdiction, individual states may still have different rules about child support, parenting time, and other aspects of child custody.
How old should your child be before they can travel alone? How should holiday time be determined year by year? These factors can also be discussed and agreed upon through mediation or with the help of an attorney.
Interstate parenting plans can be among the most emotional, as there’s no middle ground. Simply, either you or the other parent is going to have primary time with your child, and this is going to take some getting used to, especially if parenting had previously been 50-50.
This can be a difficult time for your child, as they may feel pressure to choose one parent over the other. In turn, this can make your child feel as if they’re choosing a favorite parent, which is a painful choice for a child to make.
Legal representation is especially important in interstate parenting cases, as navigating jurisdictional issues is key. An attorney can help you avoid the costly and confusing mistake of filing in the wrong jurisdiction, saving you lengthy hearings and further delays for you, the other party, and your child.
An attorney can be of immense help during pre-mediation negotiations as well as during mediation. Having an attorney at your side with a helpful grasp of inter-state custody law can make the entire process smoother and more manageable for you and your child.
It’s helpful to talk with an attorney who knows the rules, can answer your questions, advise you on where to file for the best results, and help you understand what to expect at each step of the interstate parenting plan.
For more information on Legal Challenges Of Interstate Parenting Plans, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (719) 985-8192 today.