Understanding Child Custody Orders Across State-Lines and Overseas

Legal disputes over parenting rights are often some of the most complicated and emotionally charged cases a parent can face. When the parents live in different states or countries, jurisdiction is not always clear, and resolving differences can be even more overwhelming. If you’re facing a similar situation, understanding child custody orders across state-lines and overseas can be key to getting a positive outcome for your family.

Child Custody in Illinois

Generally, Illinois no longer uses the term “custody.” Instead, the law addresses parenting rights and responsibilities and now uses the term “parenting plan” to describe the legal document that outlines each parent’s obligations, such as:

  • Where the child will live
  • When they will spend time with each parent
  • How decisions will be made regarding important elements of their upbringing, like education.

Ideally, parents would agree on all the terms, but when that doesn’t happen, family courts decide.

Parenting Rights Between States

In the United States, parenting plans are legally binding, even if they were issued in another state. In fact, the Uniform Child Custody Jurisdiction and Enforcement Act stipulates that courts in every state must enforce parenting plans or custody orders from other states, just as states have to recognize and enforce legal marriages from other states.

However, in many states, including Illinois, parenting plans prohibit one parent from moving a long distance with their child unless the other parent or family court provides permission.

The parent who wishes to move should address the parenting plan before they move, not after. In some cases, the plan may need modification to allow for longer distances, different parenting time schedules, or new travel arrangements. Generally, parenting plans and modifications are made in the child’s state of residence for six or more consecutive months.

Courts usually don’t modify parenting plans from courts in other states, although there may be situations when that is appropriate, such as emergency orders for the safety of the child or if neither parent lives in the state where the original parenting plan was created. However, other states can’t issue conflicting orders, and courts are expected to communicate as needed to address such issues.

It’s important to note that children can visit other states without it impacting their state of residence, according to the Uniform Interstate Family Support Act, another important law pertaining to interstate parenting plans. For example, a temporary stay with grandparents in another state over the summer doesn’t change the child’s state of residence.

Parenting Rights Between Countries

Other countries are not subject to federal parenting laws in the United States and may have their own conflicting laws and regulations. Additionally, other countries may not honor existing parenting plans created in the US. While the previously mentioned laws outline which courts have jurisdiction, that is not always as clear when other countries’ courts are involved.

When parents live in separate countries, settling disputes regarding a parenting plan can be significantly more complicated. The outcome of such contentious cases usually depends on the court that resolves the dispute and the family laws of the country that the court is in. In these cases, it is crucial to have an attorney with extensive experience resolving international parenting plans.

Many – but not all – countries have signed the Hague Abduction Convention. However, the convention does not apply in most disputes. Instead, it applies in cases where a parent has abducted a child across international borders and only for countries that have signed the convention. Cases involving international parental abduction require a comprehensive understanding of the Hague Convention, which has very rigid requirements.

An experienced child custody lawyer can assess the facts of your case and determine how they apply to your specific circumstances. From there, your lawyer can guide you through the legal process, advocate on behalf of you and your child, and if necessary, represent you at trial. When cases involve international parenting, it is crucial to have an attorney who’s well-versed in international family law and has had positive results in past cases.

FAQs

How Does Child Custody Work Internationally?

Child custody can be tricky when parents live in different countries. Custody laws vary from country to country, and not all countries honor custody agreements from United States courts. If you are in a situation where you need an international parenting plan, it is crucial to work with an attorney with experience in international law.

How Does Child Custody Work When Parents Live in Different States?

When parents live in different states, they both still have parenting rights and responsibilities as they would if they lived in the same state. This means they still need a parenting plan that outlines the basics of where the child lives, when they visit the other parent, and how important decisions are made about the child’s life.

Do Court Orders Cross State Lines?

Yes, court orders, including those regarding parental rights, can cross state lines. States are required to enforce parenting plans created in a court in another state, and violating parenting plans and court orders is unlawful in every state. However, there may be additional challenges in enforcement when parents live in different states. Consulting with a skilled family law attorney may be needed in these cases.

What Is the Ideal Custody Schedule for Long Distance?

There is not one ideal custody schedule for long-distance parenting plans. Rather, what works best for a child depends on their age, the distance, the parents’ schedules, and the costs of travel. In these situations, it’s common for the child to live with one parent more than the other and see the other on weekends once or twice a month or for a longer visit every few months.

Consult With an Illinois Family Lawyer

For more than 30 years, Schaffer Family Law, Ltd has focused on getting the most favorable outcomes possible for our clients and their families in complicated legal cases. Understanding the laws and your parenting rights is an important first step. When you’re ready to take action, our experienced legal team can guide you through the process and fiercely represent your family. Contact our office today to discuss your legal options.

Recent Posts

Categories

Archives

Our Location

Our Location

Tell Us About Your Legal Issue

Schedule A Consultation

Fields Marked With An “ * ” Are Required

"*" indicates required fields

I Have Read The Disclaimer*
This field is for validation purposes and should be left unchanged.