Uniform Child Custody Act

[tlashaun]

I'm confused about the Uniform Child Custody Act? If a father is seeking visitation for an out-of-state child (never married to mother), could he use this act as a defense? The mother's attorney is saying the case should be dismissed because the child has never formally lived in the father's state and even though child support is being paid through the father's state, it is through the Uniform Child Support Act. Shouldn't the Child Custody Act allow the father the right to file for joint custody and visitation in his state as the Child Support Act allowed the mother to file for child support in his state? If this sounds confusing, it's because I'm confused with all these motions and manuevering of the law.

 

[Tracey]

The act is not a defense. It just determines which state has the power to decide support & custody. The act provides that the state in which the child has lived for the last 6 months has jurisdiction over all procedings regarding support, custody, or visitation. There are other provisions that apply when the kid has moved to a new state. Dad must petition the kid's state court for visitation. Mom didn't file for support in dad's state - she filed in her state and is having the judgment enforced in dad's state.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[tlashaun]

Thanks Tracey. So I WAS confused. There was no prior judgment in the other state so that's why he filed in his state. The father was paying child support voluntarily but the mother was on public assistance so the state actually filed for payroll deductions on her behalf. Since then, the mother has absolutely refused to let him keep the child but insists that he doesn't do anything for her. Are there any cases that can be looked up for interstate visitation rulings for parents that were never married? Thanks for any help you can provide.