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Glen Ellyn family law attorney child custody

In most cases, children’s parents who are not married try to live near each other to remain in their child’s life and maintain a good relationship. Some families, however, do not have both parents living in the same state. Maybe one parent had to relocate for their job or perhaps the parent moved out of state before realizing that they were having a child at all. Regardless of the reason behind the state spread, both parents continue to have rights and responsibilities over their child. Parents who are unmarried should have a parenting agreement created to ensure that these rights and responsibilities are outlined and have legal backing by a court of law. In cases like these, which state takes on the role of creating and enforcing child custody arrangements and parenting plans?

Interstate Child Custody

Making child custody agreements between states is known as interstate child custody. Unlike same-state parents, those living in two separate areas have additional hoops to jump through. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was created in 1997 to address this discrepancy first hand. This act is accepted nationwide and sets forth parameters regarding interstate custody. According to the UCCJEA, the primary determining factor when it comes to deciding which state has jurisdiction over the issue is where the child resides. 

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