UCCJEA & UIFSA Lawyers | Interstate Child Custody & Support Attorneys

Inter-state Child Custody Lawyer

“Across jurisdictions governed by the UCCJEA, whatever is best for the children wins. I always start with the assumption that it is critical for both parents to be involved, day to day. That’s how children thrive. However, there are situations where a child custody evaluator determines that a parent, in their current emotional or mental state, cannot add value to the child’s life. And I’ve fought heated interstate custody battles and had two successful relocation cases under UCCJEA in the last 2 years—those are incredibly hard-won. Whatever’s best for the child.”

— Elena Giannattasio | Founder, Multi-Jurisdictional Divorce

The UCCJEA Prioritizes the Best Interests of the Child

Interstate child custody disputes are often the most emotional and complex aspects of family law. Fortunately, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides a consistent framework for determining which state has jurisdiction and how custody should be enforced—always based on the best interests of the child.

Under the UCCJEA, courts assume joint custody is ideal unless there’s compelling evidence to the contrary. This means both parents are generally given equal consideration, and it is rare for one to lose all rights to interaction with their child. In most cases, final arrangements end in joint custody or primary custody for one parent with parenting time for the other.

Because interstate cases add another layer of complexity, most parents wisely retain experienced interstate child custody attorneys who understand how to navigate multi-jurisdictional disputes while protecting their child’s best interests.

UCCJEA vs. Hague Convention: Understanding Your Options in International Child Abduction Cases

If your child has been wrongfully taken or kept in the U.S., learn how an International Family Lawyer in New York can help you choose between the UCCJEA and the Hague Convention to pursue your child’s return.

When a Child Is Wrongfully Taken to the U.S.

Few situations are more distressing than discovering that your child has been wrongfully removed from another country and brought to the United States. Fortunately, international and domestic law offer two main legal paths to help parents recover their children:

The Hague Convention on the Civil Aspects of International Child Abduction, and
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Both provide ways to address cross-border custody disputes, but they function very differently. Choosing the correct legal framework can be the deciding factor in your case. An experienced International Family Lawyer in New York can guide you through this complex process and ensure that you take the most strategic approach for your situation.

When to Use the UCCJEA

The UCCJEA governs how New York courts determine and enforce child custody jurisdiction within the U.S. It can also apply in some international cases, depending on the circumstances. A UCCJEA lawyer in New York may recommend this route when the Hague Convention does not apply or where a state-based process may be more effective.

1. No Active Hague Relationship

If your home country has signed but not fully implemented the Hague Convention with the United States, you cannot file under the treaty. A UCCJEA petition in a New York state court may then be your best legal option.

2. Child Is 16 or Older

The Hague Convention only covers children under 16. If your child is older, a UCCJEA custody case may still be possible.

3. Enforcing Visitation or Access Rights

The Hague Convention primarily addresses child return, not visitation. A UCCJEA lawyer in New York can help you seek enforcement of visitation or access rights through state courts.

4. Custody Orders Issued After the Abduction

If a foreign court issued a custody order after your child was taken, that order can often be recognized and enforced under the UCCJEA.

5. Habitual Residence Disputes

While the Hague Convention requires proof of a child’s “habitual residence,” the UCCJEA focuses on the child’s “home state.” These are different legal standards, and the UCCJEA may offer a clearer path in some cases.

6. When Hague Defenses May Apply

The Hague Convention includes several defenses—such as grave risk of harm or consent—that may prevent a child’s return. The UCCJEA avoids these defenses entirely.

7. Lower Legal Costs

Hague cases often require extensive discovery and expert testimony. A UCCJEA proceeding in New York state court may be faster and less costly.

When the Hague Convention May Be the Better Choice

In many situations, a child abduction lawyer in New York will advise pursuing a case under the Hague Convention—especially when an international treaty-based remedy provides stronger jurisdiction or faster action.

1. The Foreign Court Will Not Act

Some foreign courts refuse to hear custody disputes when the child is no longer in the country. In that case, filing a Hague petition in the U.S. may be the only practical solution.

2. The Foreign Country Is Not the “Home State”

If the child lived in the foreign country for less than six months before the abduction, it may not qualify as the “home state” under the UCCJEA. The Hague Convention may still apply.

3. Lack of Notice or Due Process Abroad

If a foreign custody order was issued without proper notice or opportunity to be heard, a UCCJEA enforcement action may not succeed. A Hague petition can bypass those defects.

4. No Existing Custody Order

A Hague Convention attorney can file a case even without a custody order, as long as you have legal custody rights under the law of the child’s habitual residence.

5. Preference for Federal Court

Unlike the UCCJEA, which requires filing in state court, Hague cases can be filed in federal court. Federal judges typically apply the treaty strictly, with less emphasis on “best interest” factors.

6. Legal Aid and Cost Recovery

Some countries offer legal aid for Hague cases, and U.S. law under the International Child Abduction Remedies Act (ICARA) allows successful petitioners to recover legal costs from the respondent.

Choosing the Right Approach: UCCJEA vs. Hague

The best strategy depends on multiple factors, including:

The child’s country of habitual residence
The existence of a custody order abroad
The child’s age
Treaty relationships between countries
Jurisdictional limits of foreign courts
Cost, timing, and available legal aid

A knowledgeable international child custody lawyer in New York can analyze these details, determine which law applies, and represent you effectively in either federal or state court.

The Role of a New York Child Abduction Lawyer

Because New York courts frequently handle complex cross-border custody disputes, choosing an experienced child abduction lawyer in New York is crucial. Your attorney will assess jurisdiction, coordinate with foreign counsel, and advocate for your child’s prompt and lawful return.

If your case involves both interstate and international issues, an intra-state child custody lawyer in New York can also assist with conflicts between state custody orders and international judgments under the UCCJEA.

Work With an Experienced International Family Lawyer in New York

If your child has been wrongfully taken to or kept in the United States, you don’t have to face the situation alone. Our firm represents parents from around the world in Hague Convention, UCCJEA, and international child custody cases.

An experienced International Family Lawyer in New York can:

Determine the most effective legal path for your situation
File petitions under the Hague Convention or UCCJEA
Coordinate with foreign authorities and legal teams
Protect your parental rights under U.S. and international law

Contact us today at +1 213-314-4244 or email Elena@multi-jurisdictionaldivorce.com to schedule a confidential consultation with Elena Giannattasio, a New York international child custody lawyer and learn how she can help you secure your child’s safe return.

Mediation Is Often Required — and Invaluable

In many jurisdictions under the UCCJEA, child custody mediation is a required first step. This process, again, centers on what’s best for the child—not the parents. Both parties are expected to make a genuine effort to cooperate and reach an agreement, often with the guidance of a neutral, trained custody mediator.

If mediation fails, the family court will step in to determine custody, possibly limiting a parent’s ability to make decisions about their child’s upbringing. In these situations, an experienced interstate child custody mediator can be critical to preserving joint parenting authority.

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