Maintaining Your Rights in Separate Jurisdictions

Child custody and visitation issues are already complicated enough. Unfortunately, matters become even more challenging when parents live in different states. This is particularly true when one parent opts to not abide by a court’s order. Fortunately, there are effective legal strategies for enforcing visitation rights across state lines.

In many cases, these strategies require an understanding of relevant laws — but not just the laws in one or another state. Federal laws actually provide tools for parents who have difficulty enforcing their visitation rights. These include the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA).

Even with these laws on your side, though, it’s vital to understand the legal strategies available to you.

Register an Out of State Order

When family law courts issue a visitation order, this ruling applies specifically to their jurisdiction. However, relevant federal laws require states to recognize these orders as long as they’re compliant with the law. To take advantage of this, you’ll need to start by registering your visitation order in the state where your child’s other parent resides.

To do this, you’ll typically have to submit a certified copy of the order to the local family court in the state. This process makes it much easier for you to enforce the order. In fact, once the order is registered, you can file a petition with the local court to enforce it. In such a situation, it will be just like you’re in the original jurisdiction where the order was issued.

When submitting a petition, the court will review your request. They can then compel the other parent to comply with the original order.

Contempt of Court Proceedings

A court order is one of the most effective legal strategies for enforcing visitation rights across state lines. Unfortunately, not everyone abides by these orders. If your child’s other parent consistently interferes with your visitation rights — and this wasn’t just a one-time occurrence — you can file a motion of contempt in the court where you registered your order.

Once you do this, the court will review your case. If they deem it appropriate, a judge will issue penalties against the non-compliant parent. These penalties can include fines and even jail time. In fact, the chance exists that an order may be modified if violations continue to occur. However, such an outcome typically requires additional steps.

Involvement of Law Enforcement

When your rights as a parent are being violated, it certainly seems like a serious matter. In fact, it often seems so serious that parents call the police to get involved. However, this is typically inadvisable. Police are not equipped to handle family law disputes on the fly — and in many cases, they won’t even have access to the most recent court order.

If you ask any child custody attorney about enforcing rights via law enforcement, they’ll all tell you to start with the courts. That’s because any police involvement will be preceded by a court order authorizing them to act. Make no mistake: you should always call the police if you feel your child is in danger — but otherwise, the courts will be the ones to get the cops involved.

Document Instances of Non-Compliance

All the legal strategies for enforcing visitation orders across state lines we’ve discussed are extremely effective. However, they can only get the job done if you give the courts what they need to act. This means that — if you haven’t done so already — you need to start documenting all instances of non-compliance by the other parent.

Keep detailed records of everything. Start a journal and document any missed visits, communication attempts, and other relevant interactions with the other parent. Maintain a log of all communications, and avoid deleting anything exchanged between you and your former partner. This will make all your attempts at enforcing the court order much simpler.

Modifying a Visitation Order

Not all issues of non-compliance stem from malice. In some instances, the logistics of getting a child from a different state can be difficult. If you find yourself in this situation — or if you believe malice from the other parent is involved — you have the right to seek a court order modification. This can result in visitation terms that are more favorable for your situation.

Going this route will require filing a petition with the relevant court. It’s also worth noting that modifications can be issued on an emergency basis. If you have immediate concerns for your child’s safety or significant non-compliance has occurred, you can ask the court for an emergency modification of the visitation order.

Of course, this can be a complex endeavor in an already difficult circumstance. This is one of the many reasons one might consider seeking legal assistance.

Seek Legal Advice

While the law may be on your side, it doesn’t necessarily mean you’ll get the outcome you deserve. That’s because navigating the court system can be extremely challenging. Even fathers’ rights advocates — who frequently assist parents whose rights have been violated — will typically advise you to seek legal counsel.

By working with an attorney who specializes in family law and interstate custody issues, you’ll have a dedicated advocate on your side who will fight for your best interests. They can provide guidance, help you understand your rights, represent you in court, and otherwise navigate the complexities of these issues. Put simply, you don’t have to go through this alone.

At Arizona Family Law Attorneys, our committed legal team is here to help when you need it the most. Contact us at 480-448-0608 to discuss the legal strategies for enforcing visitation rights across state borders that may apply to your situation.