How to get custody of child in another state
Custody: Where can I file for child custody? Which state has jurisdiction?
In most situations, you can file for custody in the “home state” of the child. The “home state” is the state where the child has lived (with a parent or a person acting as a parent) for at least the last six consecutive months before a parent files for custody - however there are exceptions to this rule. (Note: Temporary absence from the state does not affect the six-month calculation.) If your child is less than six months old, the “home state” is usually the state where the child has lived from birth.
If you and your child recently moved to a new state, you may not be able to file for long-term custody in that new state until you have lived there for at least six months, though you may be able to file for emergency jurisdiction. Also, if there is a prior court order for custody, then you may have to file in that same court to change the custody order as long as one parent still lives in that state. We strongly suggest getting advice from an attorney about your particular situation.
If there is more than one state involved - for example, if the child has moved across state lines, or if the other parent is in a different state or tribal jurisdiction - then custody cases can be more complicated. In these cases, state, federal, and tribal laws may govern which court can hear your custody case. Therefore, as in all custody cases, it is very important that you find a knowledgable lawyer.
If you are trying to get temporary emergency custody in a new state you have moved to, it might depend on what state you are filing in. All states except for Massachusetts (and Puerto Rico) follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, you can file for temporary emergency custody in a state other than the home state if:
- the child is present in the state, and
- the child has been abandoned or needs emergency protection, because the child (or a sibling or parent of the child) is subjected to or threatened with mistreatment or abuse.
Massachusetts follows a slightly different law called the Uniform Child Custody Jurisdiction Act (UCCJA), and Puerto Rico follows the federal Parental Kidnapping Prevention Act (PKPA).
Getting emergency custody is difficult, so please talk to a lawyer before you file with the clerk of court. You may also want to talk to a domestic violence advocate about your options and for help in finding a lawyer.
Under certain circumstances, there may be other ways to file for custody. Please talk to a lawyer about this. Go to our Finding a Lawyer page for legal referrals. Also, if you have a custody case involving more than one state (or if you are considering relocating to another state) and there is a history of domestic violence, you may call the Legal Resource Center on Violence Against Women at 301-270-1550 for information and referrals.
To learn more about interstate custody, you can watch our 20-minute Online Information Clinic video entitled Interstate Custody and Domestic Violence.
Custody Issues When the Child Resides in a Different State
What if your child lives in Virginia and you live in Maryland. Can you file for custody in Maryland even though your child lives in another state? The short answer is that it all depends.
The Uniform Child-Custody Jurisdiction and Enforcement Act (or the UCCJEA) has been adopted by all states and the District of Columbia. The UCCJEA was enacted to prevent a parent from moving the child to another state just to re-litigate the issue of custody in that state’s court. For example, if the parents and child reside in Maryland, Maryland holds a custody hearing and awards both parents joint custody, the UCCJEA was enacted to prevent the mother from moving the child to Virginia just to try and have Virginia court conduct a new custody hearing on the hope that the Virginia judge might award her sole custody.
Once a state exercises jurisdiction and decides the issues of child custody by entering custody order, that order is given full faith and credit by every other state.
Full faith and credit means that the Courts in every state will recognize that child custody order.
If the child lives in a different state than one of the parents, the UCCJEA determines which state has jurisdiction or the right to hear the child custody case. Under the UCCJEA, the Courts must determine where the home state of the child is. The home state is where the child has lived for at least six (6) months within in the last six (6) months.
Determining home state can be a confusing so here is an example: your five (5) year old son lived in Maryland his whole life until one (1) month ago when your son’s father moved him to Virginia. Under the UCCJEA what state is the home state? The answer is Maryland because even though your son currently lives in Virginia, up until one (1) month ago he lived in Maryland. Since Maryland is the home state, that means that Maryland has the right to decide custody and you can file for custody, visitation, and child support with the Maryland courts.
But, if your son’s father moved him out of the state of Maryland one (1) year ago and that whole year he has been living in Virginia, you could not file for custody, visitation, and child support in Maryland because Virginia is your son’s home state. Even though you live in Maryland, you would have to file your custody case in Virginia.
Changing the hypothetical a little – say that you, your son, and the father all used to live in Maryland. When you and the father separated, you filed for custody in the Maryland court. A custody hearing was held and the father was given sole physical custody of your son with you to have visitation. A few months after the hearing, your son’s father moves him to Virginia, where he has lived for several years.
Now you want to file a Motion to Modify Custody asking that the court award joint physical custody – but where do you file it? In Maryland where you live and where the initial custody order was entered or Virginia because that’s where your son now lives?
Under this UCCJEA, once a Court has made an initial custody determination – meaning the Court has decided who has custody, visitation schedules, child support, etc.
- generally that Court retains the right to hold a hearing to modify custody, visitation, and/or child support.
In the hypothetical posed above, even though your son now lives in Virginia, because Maryland made an initial custody determination, generally Maryland still has jurisdiction to hear your Motion to Modify Custody. It wouldn’t matter if your son has just moved to Virginia or if he had lived there several months or several years before you filed your Motion to Modify. Maryland originally decided the issue of custody so Maryland still has jurisdiction.
However, there are a few exceptions to this rule – meaning there are a few things that could happen that would prevent Maryland from hearing your Motion to Modify Custody. First, if neither you, your son, or the father still lives in the state of Maryland, the Maryland Courts will no longer be able to hear the case and you will need to file your Motion to Modify Custody in the state where your son lives (Virginia).
Second, the Maryland Court could issue a written order saying that Maryland no longer has jurisdiction because it is no longer the appropriate Court to hear the Motion to Modify.
The issue of custody, visitation, and child support are always very complex when the child lives in another state so it is best to contact a Maryland child custody attorney who can review the facts of your specific case and advise you on the law. Our office has experience dealing with UCCJEA and out-of-state custody orders – please contact our office today so we can advise you of your rights and ensure both you and your child are protected.
Guardianship abroad | Guardian England
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Guardian Abroad is the child's legal representative for the duration of the child's education at the local school or university until the age of majority.
A guardian is needed not only for obtaining a student visa and signing documents on behalf of the child, but also for the peace of mind of the parents: he will help the young traveler to get used to the new country and cope with difficult life situations.
22 You can find a guardian on your own or through special agencies. The latter are widespread in the UK. The candidate, as a rule, must be a citizen or resident and speak the language of the country where the minor student or student is going to study.
There are usually no income requirements for the guardian, since he is the temporary legal representative of the child in the absence of parents and does not have to provide for him. Each country may have its own nuances regarding the documentation of custody, but in all cases, notarized consent from both parents will be required.
- 1;
- Consent to check in the sex crime registry.
Who needs a guardian abroad
In general, a guardian is needed for any minor who comes to another country for the purpose of long-term study. It can be both a schoolboy and an applicant up to 18 years old. For short educational trips, notarized parental consent is usually sufficient to allow the child to travel unaccompanied [2] .
If the trip is organized by a school, the power of attorney is usually issued in the name of the teacher or other group chaperone.
It is important to keep in mind that the age of majority may differ from country to country, but in any case, a person will no longer need a guardian from that point on. General requirements regarding the presence of a guardian can be seen in the table:
| Purpose of trip | Duration of trip | Necessity of guardian |
|---|---|---|
| Tourism | up to 90 days standard tourist visa10030 no | |
| year old camp | 1-12 weeks | NO |
| Languages | to 6 week to 6 weeks: Duration depends on the country | |
| Language courses | ||
| dado until the age of majority | ||
| Secondary education | 2-12 years | dado until the age of majority |
| Preparation for the university | 1-2 years old | DADO of adulthood |
| Higher Education | 2-4 years | DADOCE OF CAME |
Why do you need an OPECECUSUSUT.
The most numerous category of minors who need a guardian while studying abroad are teenagers aged 14-16. At the same time, they usually receive education in closed boarding schools, where qualified teachers work with them daily. The question arises: why does a practically adult, independent person need additional supervision in the person of a guardian? - First of all, the guardian will meet the child at the airport upon arrival in the country, help him get to the place of study, check into the hostel, find out his schedule and deal with all organizational formalities at the beginning of the school year;
- In the absence of parents, the guardian is the legal representative of the minor child and has the right to sign the necessary documents: for example, a lease agreement, an application for opening a local bank account, a visa extension form, an agreement for obtaining a telephone SIM card, etc.;
- The guardian organizes the child's leisure activities during the holidays when the school is closed.
It can be various cultural events, trips, excursions. Also, if necessary, the guardian will find housing and a foster family for the student for the vacation period, if during his studies he lived in the school residence; - Parents can trust a guardian to manage their child's out of pocket expenses. In this case, the guardian will regularly give the student a certain amount for personal expenses, and then provide the parents with a report;
- The guardian can interact with the school management: receive reports on the progress and behavior of the student, attend parent-teacher conferences if necessary, and transfer all information to parents. Some childcare agencies also provide tutoring services;
- In an emergency, the caregiver must ensure that the child receives medical attention. If urgent surgical or other serious medical intervention is required, the guardian has the right to give his written consent;
- Finally, in the face of the guardian, the child will see a friend and a person to whom he can always turn with his problem when his parents are not around.
Adapting to a new country can be difficult even for adults, not to mention children.
The guardian in any case will be the legal representative of the child when signing the documents. The final set of guardian responsibilities will vary depending on the terms of the contract. When working with a guardianship agency, parents will know in advance a list of all services. If the family has chosen a guardian independently from among relatives or acquaintances, everything will depend on personal agreements.
Who can become a guardian of a child abroad
The requirements for being a guardian may vary from country to country. All possible options are listed below, but at the stage of applying for a visa, it is worth clarifying who you have the right to nominate in this particular case.
- Related to . If you have a relative in the country where your child is going to study, you can appoint him as a guardian. In this case, a person must be a citizen of the country or have a residence permit.
Some countries will also approve an adult relative with a student visa, such as Australia. It is also worth paying attention to the degree of kinship: somewhere a second cousin is suitable, and somewhere they will not accept the candidacy "further" of an uncle and aunt; - Friend or acquaintance . Most countries do not require a child and family to be related to a guardian. They can be any friend or old friend. Often, parents look for a candidate "blindly", through acquaintances, without even knowing the applicant personally. This method is fully justified, since most often a guardian is needed only formally for a visa. However, it is important to understand that the guardian still assumes legal obligations and can be called to the school at any time. This is especially strict in the UK and Australia, where the nominee must confirm closeness with the family;
- Host family . In the event that the child does not live in a school residence, but in a host family, one of the foster parents can become his guardian for the duration of his studies.
This is convenient, since the child will be under the supervision of his legal representative every day and in an emergency there will be no problems with the availability of a guardian; - Headmaster . This path is logical to choose if the child will study at a boarding school and spend all the time under the supervision of the staff of the educational institution. US educational institutions often offer parents to entrust guardianship to the school administration;
- Guardian from agency . The culture of guardianship agencies is especially strong in the UK, but they can be found in other countries as well. Here, parents will be helped to find a qualified specialist in working with children who understands the school educational system of the country. You can even find a Russian-speaking guardian, which will greatly simplify communication. The services of such agencies are not cheap, but the family will definitely be calm for the child: depending on the package chosen, the guardian will regularly visit the ward, monitor his progress, take him to the doctor and much more;
- One parent .
Often, on a student visa, a parent can travel abroad with a child. At the same time, the parent must have enough time and finances to constantly be in the country of study. Naturally, in this case there is no need to look for another candidate for the role of guardian, since the parent is initially the legal representative. At the same time, in some cases, the visa procedure still obliges the parent to fill out documents on accepting the duties of a guardian.
How to choose a guardian abroad
There are many factors to consider when choosing a guardian for a minor child. Especially if the candidate is not your relative or close friend and you do not have the opportunity to communicate with him personally, it would not be out of place to clarify this information:
- Law-abiding . The guardian must not have a criminal record or other problems with the law. The Spanish embassy even checks candidates for the absence of sexual offenses in their biography;
- Place of residence .
It is best that the guardian lives with the child in the same city. For France, this is a mandatory requirement. So, if necessary, he can quickly get to school or a medical facility. It is also important to have a car; - Language . The guardian is always a resident of the country and speaks the local language at the native level. If the parents of the student do not speak this language at a sufficient level, this can lead to misunderstandings and problems in communication. In this case, you can try to find a Russian-speaking guardian. There are many such opportunities in the US and UK;
- Age . The laws of most countries allow people from 18-25 years old to become guardians of foreign students. However, experienced agents recommend candidates aged 30-40 on average who have more stability in their lives and time to take care of a child;
- Own children . In some countries, in order to become a guardian, you must already be the parent or legal guardian of at least one child.
Such a person knows from his own experience how to find an approach to children and how school education works.
Looking for a guardian abroad
UK
In the UK, the field of guardianship of foreign students is developed like nowhere else in the world. Almost every school requires a guardian for a student up to 18 years old, although by law this is only required up to 16. There is a whole network of guardian agencies in the country. The most reliable are those that are accredited by the AEGIS organization. Here are just a few of them:
- Bright World;
- White House Guardianships;
- UK Guardians;
- LLE Guardianship Services;
- Academic Guardians UK.
The cost of services, of course, is high, but the parent will definitely be calm, and the child will be under the supervision of a professional.
USA
Unlike the British secondary education system, international students under the age of 18 generally do not need a guardian in an American school.
Responsibility for solving all organizational issues is usually assumed by the school represented by the director. However, if a guardian is needed, one can be found through an agency such as Cogito World Education.
Canada
Canadian law requires all underage students ( minors ) from abroad to have a local guardian while living in the country. In some provinces, the age of maturity ( age of majority ) reaches 19 years, so sometimes not only schoolchildren, but also students may need a guardian. There are several agencies in Canada that help young foreigners with finding a guardian or host family:
- First Choice International;
- International Student Guardianship Canada.
Germany
Germany also requires a guardian for the study of foreigners in local schools. At the same time, experience shows that this issue is decisive only at the stage of obtaining a student visa, and all the problems of the textbook are usually solved by the school management.
Therefore, parents wishing to send their children to Germany often look for a guardian among familiar citizens of the country or through Russian-speaking agencies such as the ORSG.
France
As in the case of Germany, the presence of a guardian for the study of a minor in France is important, first of all, for obtaining a visa. The French guardian must live in the same city as the child, and may also be required to vouch for the ward financially. The registration process requires a lot of work with documents, so you can seek help from special organizations:
- ACADEM FRANCE;
- Campus 5.
Spain
While studying in Spain, the student usually lives with a host family or is under the care of the director in the case of a closed educational institution. The principal of a regular school may only be the representative of a child of 16 years of age or older. For advice on the issue of guardianship in Spain, you can contact the organization Spain in Russian.
Australia
To apply for a study visa to Australia, you must fill out a special form, where a relative living in the country will be indicated as a guardian. However, there are organizations that offer to pick up a guardian or host family from their base: for example, IDP.
China
For a minor to study in China, parents must issue a power of attorney for a guardian registered in the same city where the educational institution is located. OU LU / WECO can help with the search for candidates.
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We are not afraid of difficulties, we take on even the most difficult and hopeless cases. Focus on results and maximum perseverance, multiplied by deep knowledge of various areas of international and American law, make it possible to guarantee the effectiveness of the legal assistance provided!
Bukh Global is an international law firm. We have experience in successfully resolving disputes in courts and state bodies of various countries. We work not only in European, but also in more exotic Asian and African states. Regardless of the complexity of the dispute and the chosen jurisdiction, we always help to find the most effective and beneficial option for the client to solve the existing legal problem.
Please note that we are ready to provide high-quality legal assistance in a wide variety of categories of cases with a foreign element. At the same time, we do not limit ourselves to consultations and representation of clients in court, but we provide the widest possible range of services from lobbying interests to supporting transactions of any scale and level of complexity.
An important advantage is the clear specialization of the lawyers of the law office "Bukh Global" in specific areas of law. Thanks to this, we thoroughly understand the features and nuances of each case under consideration. With us, your chances of success are maximized!
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Penalties for criminal offenses are generally the most severe. Depending on the degree of danger of the committed act, offenders can get by with fines and community service, as well as life imprisonment or even the death penalty. Therefore, it is so important to receive high-quality legal protection in the event of criminal prosecution against you or close people.
Bukh Global lawyers have vast experience in defending clients in criminal cases of various categories. We will provide you with high-quality and comprehensive protection against charges of drug trafficking, tax evasion, money laundering, economic and many other crimes.
We develop the most effective line of defense that helps to avoid or minimize punishment!
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Family litigation is an extremely delicate category of cases. Here, the lawyer becomes not just a lawyer, but even a psychologist, who often, thanks to competent argumentation, helps to save a family or dissolve a marriage on mutually beneficial terms while maintaining good human relations between former spouses. In their work, experienced lawyers of Bukh and Partners resolve disputes that have arisen amicably and exclusively within the framework of the current legal field.
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Civil disputes can definitely be called the most common category of cases heard in the courts of any country. Of course, without the help of a qualified lawyer, in most cases it is extremely presumptuous to hope for a successful consideration of the case and the adoption of an acceptable decision by the court. Therefore, in the event of civil proceedings, we recommend that you seek help from experienced lawyers of the Bukh and Partners law office as soon as possible.
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Additionally, if necessary and in the presence of relevant circumstances, we help to obtain political asylum in the United States or a visa for domestic violence.
