What Happens When Parents Live in Different States After Divorce?

When divorced parents live in different states, managing child custody becomes more complicated. Indiana child custody laws prioritize the child’s best interests and provide a framework for addressing out-of-state parenting situations. However, questions surrounding jurisdiction, long-distance visitation, and modifications to custody agreements often arise. Knowing how these issues are handled can help parents adapt while maintaining stability for their children. 

At Villarrubia & Rosenberger, P.C., we understand the challenges of long-distance parenting and are committed to helping our clients navigate these complex situations.

Legal Considerations for Out-of-State Parents

Navigating custody issues when parents live in different states requires an understanding of the legal challenges involved. Here are the key factors to keep in mind:

1. Jurisdiction Questions

Determining which state has the authority to rule on custody matters can be one of the first hurdles. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is the guiding law in these cases. Indiana follows the UCCJEA, which ensures one state maintains jurisdiction to avoid competing custody orders.

Here’s how jurisdiction is typically decided:

• The child’s “home state” (where the child has lived for the past six months) usually has jurisdiction.
• If a child has recently moved, the state where the previous custody order was issued often retains authority, unless a court agrees to transfer jurisdiction.

For example, if a child lived in Indiana but moves to Ohio with one parent, Indiana may retain jurisdiction over custody decisions until certain legal conditions are met.

2. Modifying Custody Arrangements

Long-distance moves often make existing custody agreements outdated. Indiana courts allow modifications to custody orders if significant changes in circumstances occur, such as a parent relocating to another state.

To seek a custody modification, a parent must:

• File a petition demonstrating that the move materially affects the child’s well-being or access to the other parent.
• Show that the revised arrangement protects the best interests of the child.

Courts weigh several factors, including:

• The child’s relationship with each parent
• Opportunities for education and community involvement
• The ability to maintain meaningful contact with both parents

Cooperation between parents is essential during this process. If possible, work together to create a new custody plan that accounts for practical challenges like distance.

3. Visitation Schedules and Practical Challenges

With parents in different states, traditional visitation schedules often need adjustments. Gone are the days of weekly parenting time; instead, longer but less frequent in-person visits have become common.

Tips for managing long-distance visitation include:

• Adjusting Parenting Time: Courts may allocate extended visits during school breaks, holidays, and summer vacations.
• Leveraging Technology: Video calls, texting, and email help maintain regular contact between the child and the non-custodial parent.
• Travel Costs: Decide who covers travel expenses or split them to ease financial burdens.

For instance, a custodial parent in Indiana might allow the child to spend entire winters or summers with the non-custodial parent in Texas. Meanwhile, regular phone or video chats ensure the absent parent remains involved in daily life.

How Parents Can Minimize Conflict

Parents can reduce or avoid conflict by setting reasonable expectations and sticking to them. The following tips can help:

• Communication: Open communication is crucial for co-parenting success.
• Create a detailed, realistic schedule considering school calendars and travel logistics.
• Approach decisions with flexibility and a shared goal of stability for your child.
• Always document agreements to avoid future misunderstandings.
• Create a Parenting Plan: A detailed parenting plan can outline specific guidelines and schedules for custody, visitation, and holidays.

Contact Us For Guidance

When children split time between parents living in different states, the emotional and logistical challenges can be significant. However, Indiana law provides solutions designed to uphold the child’s best interests. At Villarrubia & Rosenberger, P.C., we understand how personal and complex these cases can be. If you’re navigating custody issues across state lines, reach out to us for guidance.