How Do Out-of-State Custody Orders Work?

Sometimes, when a marriage or relationship ends, one of the parties may wish to relocate to a different state with the children. If you have recently moved to Pennsylvania, you might be wondering whether out of state child custody orders are recognized in the Commonwealth. Fortunately, parents do not need to obtain a new custody order in the event a parent chooses to move to a different jurisdiction. Under the Pennsylvania Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a Pennsylvania judge will recognize an out-of-state custody order.

What is the Uniform Child Custody Jurisdiction and Enforcement Act?

The Uniform Child Custody Jurisdiction and Enforcement Act is a uniform law concerning jurisdiction in child custody cases which has been adopted by many states. However, it’s important to note that this law only specifies the court that should determine custody — not how the case should be decided. Pennsylvania judges rely on the UCCJEA when making determinations regarding jurisdictional questions in custody cases.

There are four bases set forth in the UCCJEA to determine jurisdiction in custody cases. In deciding whether Pennsylvania has jurisdiction over a custody matter, a judge will consider the following:

• Home state — The home state is the jurisdiction in which the child lived for at least six months before the custody action was commenced. Home state jurisdiction exists in the state in which the child currently lives or the state they called home within six months of filing the custody case.
• Significant connection — In the event there is no home state jurisdiction, a judge will look to determine whether there is “significant connection” jurisdiction. This type of jurisdiction arises if the child and one of the parents have a significant connection with the state. In other words, there must be evidence of the child’s care, protection, training, and relationships.
• More appropriate forum — This type of jurisdiction exists in cases where both the home state and significant connection jurisdiction have declined to exercise jurisdiction because a court in another state is the more appropriate forum.
• No other state jurisdiction — This type of jurisdiction occurs when no court of any other state would have home state, significant connection, or more appropriate forum jurisdiction.

A Pennsylvania court might also exercise emergency jurisdiction if a child is present in the Commonwealth and there is an emergency. For instance, if the child was abandoned or it is necessary to protect the child because they or their parent has been subjected to abuse, a judge may issue a temporary order.

Registering an Out of State Custody Order in Pennsylvania

In order for Pennsylvania courts to recognize and enforce an out of state custody order, it must be registered with the court system. To do this, a certified copy of the order must be submitted to the court, and the other side must be served with notice of the registration. The other side has 20 days to contest the registration after it has been served. If the opposing side does not respond, the child custody registration will be confirmed in Pennsylvania.

However, it’s crucial to understand that registering an out of state custody order does not specifically confer jurisdiction to a Pennsylvania court. Rather, it gives the Pennsylvania court the authority to enforce an order that was issued by a different state. Once an out of state custody order is registered, enforcement isn’t always as simple as it might seem — some cases may require not only court intervention but also the cooperation of local law enforcement.

What Happens if a Parent Wishes to Relocate Outside Pennsylvania with the Children?

Under Pennsylvania law, a parent is not permitted to relocate children unless both parents consent to the proposed relocation or a court approves the change. The party requesting the relocation must first provide notice to the other parent if they have custody rights by sending a notice by certified mail, return receipt requested, 60 days before the date of the proposed relocation. The notice can also be provided by the tenth day after the party knows of the relocation if they did not know of the relocation with sufficient time to comply with the 60-day notice requirement — and it is not possible to delay relocation.

Certain information must be provided in the notice of proposed relocation, including the address of the new residence, the names of the individuals who will live in the residence, the home telephone number, and the date of the proposed relocation. The notice must also specify the name of the new school district, reasons for relocation, and include a proposed revised custody schedule. In addition, the notice must advise the non-relocating party that failure to raise an objection within 30 days may bar them from doing so.

In determining whether to grant a relocation request, a Pennsylvania judge will consider a number of factors based on what is in the best interests of the child. The 16 statutory custody factors will be considered, as in a full-blown custody trial. These factors include the nature and quality of the child’s relationship with both parents, the impact of the relocation on the child’s development, the motivation for relocation, and any history of abuse. Depending on the child’s age and level of maturity, the child’s preference may also be taken into consideration.

Contact an Experienced Pennsylvania Child Custody Attorney

If you are facing a child custody matter, it’s crucial to have a skilled family law attorney by your side. At Berman & Associates, we are committed to providing compassionate counsel and knowledgeable representation for a wide variety of custody matters. Contact us today to schedule a consultation at our Media office.