Child custody can be a highly contentious issue when parents go through a divorce in Wisconsin. This becomes even more complex when one parent lives out of state. In such cases, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) serves as the guiding framework for child custody proceedings.
Determining Jurisdiction: A Complex Decision
Before a court can even begin to address custody matters, it must establish jurisdiction. This decision determines which state has the authority to make decisions regarding the children’s welfare. According to the UCCJEA, a child’s "home state" is generally defined as the state where the child has lived for the preceding six months. However, if the child is under six months old or hasn’t lived in any state for six months, the state with the most significant ties to the child is considered the home state.
Considering the Best Interests of the Child
Once jurisdiction is established, the court focuses on determining custody based on the best interests of the child. Various factors come into play during this process. The court assesses each parent’s relationship with the child, their ability to meet the child’s needs, and any history of abuse or neglect. In cases where one parent lives out of state, the court takes into account their ability to maintain a meaningful relationship with the child. The out-of-state parent may be required to present a detailed plan for regularly scheduled visits and communication, such as phone calls or video chats.
Adapting Custody Orders to Changing Circumstances
After a child custody order is in place, either parent can request modifications if circumstances change. If one parent moves out of state, it may become necessary to modify the custody arrangement to ensure the continuous well-being of the child. To successfully modify a custody order, the requesting parent typically needs to demonstrate a substantial change in circumstances. They must also prove that the modification is necessary to protect the welfare of the child.
Conclusion
When one parent lives out of state during a Wisconsin divorce, custody decisions are governed by the UCCJEA. Determining jurisdiction and custody is based on the best interests of the child. Additionally, the court considers the out-of-state parent’s ability to maintain a meaningful relationship with the child. If circumstances change, either parent can request modifications to the custody order, ensuring that the child’s needs continue to be met. By considering the complexities of child custody when one parent resides out of state, Wisconsin courts strive to provide fair and just outcomes for families in these challenging situations.