50 50 Custody when parents live in different states… Child custody proceedings can be a stressful and overwhelming process, but it’s even more so when the parents are separated by state. This brings up a lot of questions and worries when it comes to what’s best for your child.
Even if you and your partner are separated by state, it’s still possible to come to a positive child custody agreement.
Keep reading to find out what to expect in a child custody case that involves parents in different states.
What Is Child Custody?
Child custody, also known as guardianship, is the legal relationship between a parent and a child.
There are various types of custody and depending on the circumstances, a judge will determine the best course of action for the child.
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Physical versus Legal Custody
The two most significant types of custody are physical custody and legal custody.
Physical custody refers to where the child lives. Generally, physical custody means that the child lives with the parent in their home. If the situation allows, parents may share physical custody.
Legal custody refers to a parent’s ability to make significant life choices for their child. Generally, a parent has the right to make decisions on matters such as healthcare, education, and religion. Parents may also share legal custody.
Sole versus Joint Custody
Depending on the type of custody arrangement, either one parent will have sole custody or both parents will share custody.
In a situation of sole custody, a parent is solely responsible for the care of their child. This usually includes physical custody as well as legal custody.
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If a judge believes it’s in the best interests of the child, visitation rights may be granted to the other parent. This is known as “joint custody.”
Shared custody is when both parents have custody of their child. Shared custody means that the child will have the full support and love of both parents.
Is it possible to obtain joint custody if the parents live in different states?
Yes, you can have joint custody of your children if you live in separate states. Shared custody often looks very different when you’re living in separate states.
In most cases, you can have 50 50 custody when parents live in different states and your child lives in another.
However, it can be difficult to share custody when your child has to go back and forth between the two states.
You can still get joint custody, but it won’t always be 50/50. If the court doesn’t agree to joint custody, you may be awarded one parent’s sole custody and visitation rights.
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What Factors Affect Child Custody?
When making a decision about child custody, a judge takes into account a variety of factors. Here are some of the factors that affect a decision on child custody:
- Your child’s sex and age
- Your relationship with your child
- Your parents’ wishes
- Your child’s wishes (if applicable)
- Your ability to support your child
- Your possible living arrangements with your parents
- Where do you plan to live and how far apart do you plan to live
At the end of the day, a judge always makes decisions based on the best interests of the child.
Where do parents file for custody?
In most cases, parents can come to an agreement on where they want to file for custody. This is usually in the state that the child lives in most of the time.
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In cases where parents can’t come to an agreement, there is an act that can be used to limit the jurisdiction of certain states in child custody cases.
This act is known as the “uniform child custody jurisdiction and enforcement law,” and it has been in effect since 1997 in 49 states. The act allows the courts in certain states to make final custody decisions and have them upheld in other states.
The law gives the courts the power to grant custody to the child in the state that they have lived in for at least half of the year before the child custody proceeding begins.
If the child doesn’t live in the home state, then the courts will consider the state where they have “important connections” and evidence about their care and relationships.
What To Look For When Planning A Visit Schedule
If you can, the parents should try to figure out a schedule that works for them. There are a few things to think about when trying to figure out the best visitation plan for different states.
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Communication: One of the most important things to consider when a child is living with one parent is how to best communicate with the other.
Mode of travel: What is the best way to transport the child from home to the other parent’s home? Car, airplane, train? Choose which parent should pay for travel expenses and when.
Distance: Think about how far your parents are away from each other. Your other parent might be in one state, but they might be in the other corner of the country.
Your parents’ distance is an important factor in determining when and how long your child will live with each parent.
Consider what time of day would be most suitable for phone calls or video calls so that the child can stay in touch even when the parents aren’t together.
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Holidays and breaks: In many instances, it’s best to schedule your visits around the school and holiday schedules of your child.
This way, both parents can spend quality time with their children without interfering with their busy schedules.
While it’s important that you and your child agree on a visitation schedule, there are times when you can’t agree on a schedule.
In these cases, a judge may be able to help you work out a schedule that works for both of you.
Visitation Schedules For Parents In Different States
Sharing custody of a child can be difficult, especially if the parents are living in different states.
However, setting up visitation schedules can make the process easier for all parties involved. Here are some common visitation schedules for different states:
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- The child spends one weekend with the out-of-state parent each month.
- During the child’s school breaks, the child stays with their out-of-state parent.
- The out-of-state parent visits the child every other month.
- They spend a long weekend with the child each other every month.
- Children and parents share holidays and alternate holidays every year.
- During the school year, the child lives with one parent and spends the summer with the other.
When parents live far apart, it can be difficult to come up with the perfect visitation schedule, and it often involves a combination of both.
In some situations, parents may start with one visitation schedule and change it as their needs change.
Changing a Child Custody Agreement
Even if both parents live in the same state, they can still request a change in the child custody agreement.
A parent must file a request for a change of jurisdiction in the state in which the original child custody order was made.
You must have a good reason to request a change of jurisdiction. Usually, one parent has breached the existing custody agreement, or the circumstances have changed, and a change of jurisdiction would be in the best interest of the child.
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Enforcing a Child Custody Order
If a parent does not abide by the terms of the child custody agreement, the order can be enforced by either of the parent’s states.
For instance, if the mother resides in Florida and the father resides in California, either state can enforce the order.
How To Deal With Long-Distance Parenting
Being a parent is never going to be easy, but being a long-distance parent comes with its own set of challenges.
When you’re trying to keep the same level of connection with your long-distance child, keep these tips in mind:
Make it a habit to communicate with each other on a regular basis: Whether it’s a phone call, a text, or a video call, it’s important to stay in touch with your child.
Having a daily conversation with your child gives you both a sense of connection.
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Stay involved in your kid’s life: It’s hard to be there for your child when you’re not there. Take the extra time to show your child the love, attention, and leadership they deserve.
Schedule an appointment as soon as you can: Telephone calls and video conferencing will never replace in-person time with your child.
Schedule time with your child as often as possible. If your child is unable to come to you for a visit, you may also decide to travel to see them if you can.
Trying to talk to the other parent: Communication with your child’s other parent can be difficult, but it’s always worth it.
Communication allows you to gain a better understanding of what is happening in your child’s life, and it also allows you to make important decisions about your child’s future.
Although long-distance parenting can be challenging, your child appreciates the effort you make to foster a strong, positive relationship, regardless of the distance.
If You’re In A Tough Spot, An Unbundled Lawyer Can Help
Navigating child custody cases across different states can be tricky, but an unbundled attorney can help you get the help you need.
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A separate lawyer is just like a regular lawyer, except you only pay for what you need.
So, if you can take care of your own case, but need some help, an independent lawyer can help you out while keeping costs low.
FAQs Related To 50 50 Custody When Parents Live In Different States
What custody arrangement is best for a child?
From there, you can work your way up to 2-2-3 or even alternating weeks as your kids get older.
How can a father get 50-50 custodies in California?
If it’s in the best interest of the child or children, the judge will decide on a split of 50/50 custody.
How far can a parent move with joint custody in Wisconsin?
150 miles or more
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What is the best custody schedule for a 7-year-old?
Weekly schedule with an evening visit in the middle of the week.
How long should a 5-year-old be away from mother?
2 – 3 days
Do dads get 50-50 custodies in Texas?
The Texas Family Code defines the expanded standard possession schedule as a distribution between 45 and 55.
Who are the best witnesses for child custody trials?
Teachers, trainers, medical professionals; friends’ parents.
What are the chances of a father getting 50-50 custody in Florida?
There is no presumption in favor of one parent over another when it comes to child custody.
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Can I move out of state with my child without my father’s permission in WI?
Yes. You can’t do this unilaterally.
What age can you choose which parent to live with in Wisconsin?
14 years
How far can a parent move with joint custody in Michigan?
It’s up to 100-miles
Who gets custody most of the time?
A whopping 90% of child custody cases are won by women.
What type of custody is most common?
Joint legal custody