Black-letter propositions
- 01
Modification commonly requires substantial changed circumstances affecting the child plus best interests, though initial and temporary orders differ.
- 02
Relocation statutes examine notice, good faith, child relationships, distance, opportunity, feasibility of contact, costs, and alternatives.
- 03
A parent cannot unilaterally modify an order through self-help.
- 04
Enforcement can include makeup time, contempt, fees, bonds, and expedited interstate remedies.
- 05
The Parental Kidnapping Prevention Act and UCCJEA coordinate jurisdiction and enforcement; abduction risk supports preventive measures.
Use this attack sequence under time
Frame the issue
Identify existing order and issuing state.
Resolve the next checkpoint
Apply modification threshold and factors.
Resolve the next checkpoint
For relocation, analyze purpose, effect, alternatives, and logistics.
Resolve the next checkpoint
Choose enforcement remedy.
Finish the conclusion
Assess abduction risk and federal overlay.
Common wrong turns
- A parent's improved circumstances alone may not be enough without child impact.
- Relocation is not simply a referendum on the moving parent's motive.
- Wrongful removal does not automatically determine final best interests but has serious consequences.
Worked example
A parent with a documented job offer seeks to move 180 miles while the other parent exercises frequent midweek time.
The court should apply relocation factors, including good faith, economic benefit, disruption, travel, alternative schedules, and preservation of the relationship, not assume approval or denial.
Practice this topic
Modification
NCBE's outline lists jurisdictional variations in the standard for modifying custody and support, such as a substantial change in circumstances, including in the context of relocation. It lists factors such as whether information was previously unknown and whether a parent's actions voluntarily contributed to the change. The Parental Kidnapping Prevention Act, UIFSA (2008) and the UCCJEA (1997) may apply.
Cornell says a court retains authority to enforce custody and visitation orders, and a parent who refuses to comply may be held in contempt.
Federal and state authority
Cornell says child custody is primarily governed by state law but that the Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, and the UCCJEA regulate interstate custody disputes. Section 1738A is titled Full Faith and Credit Given to Child Custody Determinations. The UCCJEA gives home-state priority: the state where the child lived with a parent for six consecutive months before the case began, or within six months before it if a parent still lives there, decides custody. That state keeps exclusive continuing jurisdiction until the child and both parents have left or it finds another state more convenient, and other states must enforce its orders.
Name the state that issued the earlier order, then test whether it still has exclusive continuing jurisdiction under the UCCJEA and PKPA.
Kidnapping law is separate
Cornell describes kidnapping as a crime at common law of unlawful restraint of a person's liberty by force or show of force. Model Penal Code § 212.1 covers unlawful removal or confinement for purposes such as ransom or terrorizing, and treats removal as unlawful if accomplished by force, threat or deception, or without the consent of a parent or guardian for a person under 14. Parental kidnapping under the PKPA concerns which state's custody order must be honored, so do not confuse it with the criminal offense.
Frequently asked questions
How should I analyze modification, relocation, enforcement, and parental kidnapping on the bar exam?+
Identify existing order and issuing state. Apply modification threshold and factors. Choose enforcement remedy. Assess abduction risk and federal overlay.
What standard applies to modifying custody?+
Jurisdictions vary, often requiring a substantial change in circumstances, according to NCBE's outline, including in relocation cases.
What federal statute governs interstate custody orders?+
The Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, which gives full faith and credit to custody determinations, according to Cornell.
Which acts does NCBE list for modification and relocation?+
The Parental Kidnapping Prevention Act, the UIFSA (2008) and the UCCJEA (1997) may apply, according to the outline.
Can a court enforce a custody order?+
Yes. Cornell says courts retain authority to enforce custody and visitation orders and can hold a noncompliant parent in contempt.
Is parental kidnapping the same as the crime of kidnapping?+
No. The PKPA addresses which state's custody order must be honored, while kidnapping is a crime defined by statute and the Model Penal Code.