Visitation might encompass school breaks during fall and spring, Christmas break, and extended stays during summer. Responsibilities of a Child Advocate Attorney, Questions to Ask Before Hiring Child Custody Lawyers. When parents live in different states it can have an impact on the visitation schedule in a child custody case. 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. Emergency grounds for jurisdiction are abandonment or the need to protect the child, a sibling, or a parent from immediate mistreatment or abuse. If no court has ever entered an order for custody or visitation, the general rule is that a court in the state where the child (and one parent or caregiver) has lived for the last six months is the state court that should resolve the case. If “No,” then continue. But only if it has significant connections to the child. Can a Custodial Parent Owe Child Support? An emergency order may become permanent if this becomes the child’s home state. In today's society, people are mobile and tend to move often. See T.C.A. When does TN child support end for a parent of one child? Parents as well as third parties (grandparents, foster parents, stepparents and adults in loco parentis) may feel the impact of the UCCJEA. A period of temporary absence of any of the mentioned persons is part of the period” and counts toward the six months. The Act gives courts the authority to determine which state is considered the child’s home state. 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. The child’s home state is defined as “the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody … And when a case filed here should be transferred to another state. When can grandparents get custody of a grandchild? Below is a copy of a UCCJEA flow chart created by Kansas attorney Joe Booth from his web site. What divorce lawyers just don’t get about business valuation. He has a change of heart, however, and petitions the Florida court for sole custody. Needless to say, this adds considerably to parents’ anxieties about their children’s futures and their own. § 36-6-219. Is Tennessee the child’s home state? 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. Your UCCJEA flow chart is awesome! Jurisdiction disputes between parents located in different states happen more often that you might think. Is Tennessee the child’s home state? In the case of a child less than six (6) months of age, ‘home state’ means the state in which the child lived from birth with any of the persons mentioned. Reprinted here with permission. What does Uniform Child Custody Jurisdiction mean? If no deferral, then continue the inquiry. How Are Business Assets Divided in Divorce? Other parents crossed state lines to file in jurisdictions with more favorable divorce and custody laws. In many long-distance situations, arrangements are made for the child to spend alternating holidays with each parent. 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. If the answer is “No,” then continue the inquiry. Who gets custody if parents live in different states? There are two reasons why the Tennessee court would relinquish its exclusive continuing jurisdiction over the custody matter. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy, and Cookie Policy.

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