How The Uniform Child Custody Jurisdiction And Enforcement Act Pertains To Your Family Law Case

In 1997, due to the increasing conflict between the Uniform Child Custody Jurisdiction

Act and the Parental Kidnapping Prevention Act, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Child Custody Jurisdiction and Enforcement Act. The purpose of this Uniform Act was to provide states with a bluepring on dealing with jurisdictional issues in child cusody cases where parents live in different states. To date, the majority of states have adopted the UCCJEA, with the remaining to follow in the near future.

This article is not, nor is it intended to be, legal advice. It is for informational purposes only. For that reason, if you require legal advice for a child custody case, or some other legal issue pertaining to your specific situation, contact a family law attorney in your state.

So what are the basics of the UCCJEA?

(1) The home state:

According to the UCCJEA, exclusive, continuing jurisdiction rests in the courts of the state that is considered the child or children's home state. This is the foundation of the UCCJEA. The home state is defined as the state where the minor chlid has resided for six consecutive months preceding the commencement of the child custody action. If the child is under the age of six months, then the home state is where the child has resided since birth.

If the child has not lived in a state for six consecutive months immediately preceding the custody action, then the act contemplates jurisdiction in the state which has significant connections to the child and at least one parent, and where substantial evidence concerning the child is located. If more than one state falls in this category, then the courts of each state must communicate with each other to determine which is the better one for jurisdictional purposes.

(2) Exclusive, continuing jurisdiction:

Once a court has exercised jurisdiction and made a child custody determination, then that court has exclusive, continuing jurisdiction until one of two things occurs. First, the court could determine that neither the child, the child's parents, nor any person acting as a parent has a significant connection with the state and that there no longer is substantial evidence available concerning the child, at which point the court would decline jurisdiction. Second, the original court or the court of another state could determine that neither the child, the child's parents, or any person acting as a parent reside in the original state, at which point either court could determine that continuing jurisdiction has ended. Continuing jurisdiction is an important question when one or both parents initiate a custody modification proceeding.

(3) Emergency jurisdiction:

But what happens when one party absconds with the children to another state? To some extent, the UCCJEA deals with this issue. A state which does not otherwise have jurisdiction may exercise temporary emergency jurisdiction if it determines that the child is in danger and needs immediate protection.

After issuing the temporary order, the court will then look to see whether there is already a custody order in place. If there is already an order, the temporary order will allow the parent or parents a reasonable amount of time to return to the court with continuing jurisdiction to argue the custody case. If there isn't an order in place, then the temporary order will remain in effect until a court exercises home state jurisdiction and makes a custody determination.

by: Larry Leftwich

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