Child Custody and the Full Faith and Credit it is Given by Other States Under Federal Law § 1738A.C

At the Orange County Law office of David P Schwarz we have litigated many cases that involve child custody orders from other states. Under Federal law all orders from other states must be given full faith and credit. Please contact our office at 949 735 9266 or via the web. We can also be contacted by email at dpslaw66@gmail.com.

A child custody lawyer will protect your interests in another state when a child custody order is being contested in a state that did not grant the child custody order. Federal law mandates the family law courts of every State shall enforce and not modify any custody determination or visitation determination made by a court of another State.

Other states must accept A child custody or visitation from another state only if such court has jurisdiction under the law of such State. In addition, certain criteria must be met for another state to accept the child custody order of another state.

An Orange County Child custody attorney will make sure that the sister state child custody order was made when the other state was the home State of the child on the date of the commencement of the proceeding, or had been the child's home State within six months before the date of the commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant or for other reasons, and a contestant continues to live in such State.

In addition, a lawyer will argue on your behalf and makes sure that the sister state made a child custody order where no other State would have jurisdiction and it was is in the best interest of the child that a court of such State assume jurisdiction because the child and his parents, or the child and at least one contestant, have a significant connection with such State other than mere physical presence in such State, and there is substantial evidence concerning the child's present or future care, protection, training, and personal relationships.

At the Law Office of David P Schwarz we will also defend our clients against a sister state child custody order that does not qualify under federal full faith and credit. We will make sure that the sister state order was made when the child is was physically present in such State and the child has been abandoned, or it was necessary in an emergency to protect the child because the child, a sibling, or parent of the child has been subjected to or threatened with mistreatment or abuse.

Finally a child custody attorney will fight for your rights if sister state child custody did not fit federal requirements. If an order was made in another state because another declined to exercise jurisdiction on the ground that the State whose jurisdiction was in issue and was the more appropriate forum to determine the custody or visitation of the child.

At the Orange County Law office of David Schwarz we will protect you against any child custody order that is attempted to be enforced in your home state. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.