If you accept a job in Ohio while your child and former spouse remains in Pittsburgh, you might be wondering how the courts resolve any disputes that may emerge. Getting to know the process can help you understand what options you have in this scenario.
The framework for interstate custody
Pennsylvania, along with every state except Massachusetts, applies the Uniform Child Custody Jurisdiction and Enforcement Act. The law establishes which court has jurisdiction over a child custody dispute, helping prevent parents from seeking a more favorable forum in another state.
A federal statute, the Parental Kidnapping Prevention Act, adds a second layer by requiring states to honor custody decisions that another state reached within its proper authority. As a result, an order issued in Harrisburg follows your child to Denver, and a Denver court cannot simply replace it with terms of its own.
Jurisdiction under home state laws
Before a court can decide an interstate custody dispute, it must first determine whether it has the authority over the case. In most cases, that starts with identifying your child’s home state. This is usually the state where your child lived with you and your former spouse for at least six consecutive months before the case was filed.
If no home state exists, a court may still have authority to hear the case. This may happen if your child and at least one parent have significant ties to the state and important information about your child’s care, schooling and relationships is available there. A judge may also exercise temporary emergency jurisdiction if your child is in the state and faces abandonment or abuse.
Conflicting orders from separate courts
If both parents file custody cases in different states at about the same time, the courts must determine which one has the authority to handle the dispute. The judge in the later-filed case will usually pause the proceedings and communicate with the court handling the earlier case. Once they determine which court has jurisdiction, the other court will generally dismiss or stay its case to avoid conflicting decisions.
In the rare event that two courts issue custody orders, the decision from the court with proper jurisdiction generally controls. Other states will not enforce a competing order issued without legal authority. Likewise, any temporary emergency order usually ends once the court with continuing jurisdiction takes over the case.
Enforcing out-of-state custody orders
In order to do this, you must first register it with the court of common pleas. The filing includes a written request, a certified copy of the ruling, a second copy and a sworn statement confirming that no court has modified it.
The other parent then receives notice and has 20 days to request a hearing to challenge the registration. If the other parent does not object within that time, the registration becomes final, and the out-of-state order carries the same force as one entered by a Pennsylvania court.
If the other parent withholds the child, you may file a petition for expedited enforcement. The court can schedule a hearing quickly and, if appropriate, order the child’s immediate return. A judge may also require the parent who violated the custody order to pay attorney fees and travel expenses.