With today's technology, e-mails, text messages and Web cameras can be used to maintain invaluable parental contact. If you and your spouse have separated and live in different states, you may each want to file for custody in your current state of residence–but you can't. As a matter of practical application, many custody jurisdiction disputes involving two states, there will be two judges and four sets of lawyers. Expenses. How Can I Keep My Spouse Out of the House? Parents just have to be more flexible and accommodating to achieve this aim. A period of temporary absence of any of the mentioned persons is part of the period” and counts toward the six months. It is, however, possible to ensure that a child maintains quality time and a close relationship with the non-custodial parent residing in another state. In fact, most children spend about one-third of their time with … When no sister state is the child’s home state or, alternatively, the home state’s court declines to exercise jurisdiction because Tennessee is the better forum given the circumstances, then Tennessee may assert jurisdiction. Should it matter if the child lives with grandparents in a third state? When you and your child's other parent live in different states but still relatively close, you just need a standard parenting plan, and you have many options for your visitation schedule. Marriage & Divorce Counselors & Therapists Directory, Divorce Mediators and Mediation Directory, Divorce CPA and Tax Professionals Directory, Estate Planning, Will and Trust Attorneys Directory, Real Property Appraisal Experts Directory, Personal Property Appraisal Experts Directory, Your First Steps: 7 Steps Planning Your Tennessee Divorce | Free eBook, Surreptitious Digital Audio & Video Recording | Electronic Eavesdropping, Hacking Computers, E-mail Accounts and Phones, Divorce Video: Federal Laws on Spousal Spying and the ECPA, TN’s Federal Divorce Spyware Case – Jail Time & Heavy Fines. The Act gives courts the authority to determine which state is considered the child’s home state. The statute sets forth the process for deciding which state court is best positioned to determine what is in the child’s best interests and to enter orders accordingly. What is the legal age that a child can choose which parent to live with? Whether the case involves an initial custody determination or modification of a Tennessee decree, there is no shortcut. Does Tennessee have home state jurisdiction? Then, if the losing parent decides to appeal, that is what results in our case law for direction in future matters. Other parents crossed state lines to file in jurisdictions with more favorable divorce and custody laws. He has had the child with him for the past six months, initially agreeing to return the child to the mother for the Fall school start. Tennessee has home state jurisdiction if it was the child’s home state within the six months before the proceeding commenced, the child is absent, and a parent or someone acting as a parent continues to live in Tennessee. In today's society, people are mobile and tend to move often. What divorce lawyers just don’t get about business valuation. Credit for Supporting Children Not Living in Parents Home, Credit for Supporting Children Living in Parents Home, Caps on Child Support for High Income Parents, Travel Expenses for Long Distance Visitation. There was a time when some parents, by relocating with the child to a new state, avoided enforcement of custody orders from the jurisdiction left behind. There are two reasons why the Tennessee court would relinquish its exclusive continuing jurisdiction over the custody matter. In order for a child to fly, that child must meet a minimum age requirement for independent travel. Needless to say, this adds considerably to parents’ anxieties about their children’s futures and their own. These tactics – some lawful, some unlawful – had harmful consequences for children. The concept of home state is the lynchpin of UCCJEA jurisdiction. Copyright © 2020 Miles Mason Family Law Group, PLC -. The “home state”—which refers to the state where the child has … Not in Tennessee and not in other states. Another jurisdictional hook is the Tennessee court’s temporary emergency jurisdiction under T.C.A. § 36-6-219. § 36-6-217(a). The UCCJEA applies when two or more states have some legal basis to assert custody jurisdiction. Under the Act, parents can only file a custody action in a child’s home state. What does Uniform Child Custody Jurisdiction mean? When parents live in different states it can have an impact on the visitation schedule in a child custody case. The answer lies in the Uniform Child Custody Jurisdiction and Enforcement Act. What if Tennessee is asked to modify another state court’s initial custody decree? Does Tennessee have significant connections? Thank you, Joe for your friendship. The law’s purpose is to engender interstate jurisdictional consistency regarding all matters involving child custody. NOLODRUPAL-web1:DRU126.96.36.199.20161011.41205, related costs associated with child visits out of state. The UCCJEA has been the law in Tennessee since 1999, as amended, and has been adopted in D.C. and every other state but Massachusetts. The child must be physically present in Tennessee. If no deferral, then continue the inquiry. Can a Custodial Parent Owe Child Support?