What is an interstate custody dispute?

An interstate custody dispute is a family law dispute that involves multiple states. It occurs when two parents of a child live in separate states, and a dispute arises over the child’s custody and visitation rights. In North Carolina, these disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This act establishes a “home state” for the child, which is the state where the child has lived continuously for the past six months. Once that state is established, other states are prevented from hearing a case involving the custody dispute unless the home state court no longer has jurisdiction over the case, or the child and one parent have moved out of the home state. The UCCJEA establishes procedures for the courts of different states to communicate with each other, and it encourages the courts to work together to come to a resolution. Additionally, each state is allowed to pass its own laws to address interstate custody disputes. In North Carolina, these laws can be found in the North Carolina General Statutes. In an interstate custody dispute, it is important to hire an attorney who is familiar with the laws of both states and is experienced in interstate custody disputes.

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