Thought Leadership

Transferring Your Family Case Across State Lines

Every state has their own laws, especially when it comes to family law matters. This can be complicated when families are spread across state lines. Multi-state families might run into obstacles after a divorce that make it necessary, or even beneficial, to transfer their family law case to a different state.

If your family is facing legal issues across state lines, it is important to work with an experienced lawyer who understands family law in both states.

Approaching A Transfer

Most divorces with children and custody matters depend heavily on the child’s home state. The child’s home state is established after he/she has lived there for at least six months. Generally, the home state has jurisdiction over child custody proceedings.

However, some common reasons families pursue a case transfer include:

  • A parent relocating with their child to a different state
  • Adjusting a custody arrangement after a relocation
  • Modifying or enforcing child or spousal support orders after relocation
  • Misconduct in the home state court or by a spouse

Filing a motion to transfer your case may seem easy, but it is only the first step of transferring a case. It can be extremely complex to navigate a case transfer and adjust divorce agreements to a new state’s laws. That is why it is essential to have a knowledgeable attorney on your side. You will need a trusted attorney help you take the time to evaluate your options, and weigh the costs and benefits of transferring your case.

Jurisdictional Issues In A Case Transfer

Jurisdiction is one of the biggest challenges multistate families come up against when transferring a case. Even though the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) sets common guidelines for jurisdiction across the country, these issues can still be exceedingly complex.

If you would like to discuss this issue and how it relates to your situation, please contact Hellmuth & Johnson Family Law attorney Michelle Kniess by phone at 952-460-9259 or email at [email protected].

*This article was originally published on the Kniess Family Law website.