Perhaps one of the hardest things to deal with at the end of a marriage is the impact that the divorce will have on the children. Even under the best of circumstances, there will be the need for both the custodial and non-custodial parent to understand the nature of their continuing responsibilities to any children they share. While it maybe very easy to grasp the ethical responsibility they continue to share in regard to the well being of the children, the task of understanding the applicable child custody laws and the legal conditions that are now part of the picture may be more difficult. Here are a few tips to help you get information that will help you unravel the mystery of child custody laws.

  1. Court of jurisdiction. The court of jurisdiction is the first resource you should consult. There is a great deal of difference between the child custody laws in one state versus another state. As an example, a non-custodial parent may be able to have a warrant sworn out for a custodial parent who is not complying with court ordered visitation. In another state, the non-custodial parent may have to file suit. The same is true when it comes to child support payments. Some courts of jurisdiction make it possible to pick up the deadbeat parent immediately, while states in other laws may lead to months before an errant parent can be help accountable for non-payment. Know the laws that apply to your situation.

  2. When moving. Keep in mind that if the custodial parent moves to another state and takes the child along, the court of jurisdiction does not automatically change. It can be shifted at the request and with the approval of both parents. So even if the child support arrangements were set up in Massachusetts and the custodial parent now is a resident of Florida, Massachusetts law still holds sway.
  3. Seek support. Having access to the child custody laws that apply is just your first step. If you are having trouble understanding the legal languages of the laws, there are several support groups that can help you get a better grasp. The Children's Rights Council has a presence in every state in the country. Often, attorneys donate time to help CRC members understand their rights and responsibilities as parents.  There are also single mother and single father parenting support groups available.
  4. Internet. Use the Internet to find out more information about how the child custody laws in the state of jurisdiction have been applied in the past. This can give you an idea of what could happen, given similar circumstances, as well as give you some ideas of what type of recourse you may need to consider if your former spouse is not complying with the custody and visitation program that was established by the court.
  5. Whatever you don't understand, ask. You never know when some fine point of law may become very relevant to your continued relationship with your child. You may have to do some digging in order to find these examples, but your time will be well worth it.

Hopefully, both parents can work together to make sure their children are loved and properly taken care of, even if the two parents can no longer live under the same roof. Many divorced couples do manage to make the situation work. However, you should make sure you understand child custody laws, even under the best of circumstances.

Quick Tips:
Child custody laws and means of enforcement vary from state to state.
The state where custody arrangements were made remains the court of jurisdiction, unless you petition to change it.
Average rating: