Understanding the “Full Faith and Credit” child custody law

It is usual for people to change place from one state to another state after a divorce. Such change in place is smooth if the estranged couple did not have a child. However, if they had a child, the court must approve the relocation. The court will also pass an order about the visitation schedules, which both parents must respect. Many parents, however, disregard the original court order with the impression that they are protected from the laws of that state as they are now in another state. However, that is a major error of judgment.

Parents should know that such contempt for court orders is not only an offense per the original’s state laws but it is also the violation of federal law. This law is known as the “Full Faith and Credit” for child custody determinations law and is stated under Title 28 Section 1738A of United States Codes.

According to the statute, all states are obligatory to acknowledge and enforce child custody orders from another state. For example, if a Florida court grants joint custody of a child from the state to one parent who lives in Florida and to the other parent who lives in California, the courts of California, as well as all other states, must recognize the child custody order issued by the Florida State court.

The “Full Faith and Credit” law applies to all children under the age of 18 years and all temporary and permanent orders as well as any modifications that are made to that initial order by the “home state’ court. According to federal statute definition, the “home state” is where the child lived with either one or both parents for at least six consecutive months prior to the child custody determination. In the event that the child is less than six months old, the “home state” is where the child lived since birth with either parent.

Unfortunately, despite state and federal laws, many parents in Florida State, as well as elsewhere, go through a number of complications when it comes to compliance with child custody orders. Such parents should know that in the event of any violation of court orders, they can take remedial action by invoking the “Full Faith and Credit” child custody law. However, legal actions across state borders may not always be simple and therefore, parents may benefits greatly if they choose to consult an experienced family law attorney.