Family Law - The Uniform Child Custody Jurisdiction And Enforcement Act Explained

By Michael Marrow, Nathan Narrows

The purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is to deal with jurisdictional issues in child custody cases, when the parents and children reside in separate states or jurisdictions. It was created in 1997, and replaced the old Uniform Child Custody Jurisdiction Act (UCCJA), due to the UCCJA's conflicts with the Parental Kidnapping Prevention Act (PKPA), a federal statute. A lot of acronyms in this paragraph, but the one we are concerned about is UCCJEA.

It is important to note that this article is not, nor is it intended to be, legal advice. If you require legal advice for your specific facts, situation, or issues, you should contact a family law attorney licensed in your state.

So what are the basics of the UCCJEA?

(1) Home State jurisdiction:

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.

Sometimes the child has moved during the six months immediately preceding the commencement of the child custody proceeding. In such a case, then the court will look at which state has a significant connection to the child and at least one parent, and where there is substantial evidence concerning the child. If more than one state can lay claim to significant connection and substantial evidence, then each state will communicate to reach a decision as to which one should exercise jurisdiction.

(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) Temporary emergency jurisdiction:

If one parent absconds with the minor child to another state, then who has jurisdiction? Actually, the UCCJEA deals with this issue to a certain extent. If the state determines that the child is in danger and needs immediate protection, then that state will exercise temporary and emergency jurisdiction to protect the child.

After the temporary order is issued, then the court exercising emergency jurisdiction will do one of two things. If it determines that there already is a custody order in place in another state, then the temporary order will remain in effect until the parents and child return to the courts of that state to deal with the custody issues. If it determines that there isn't a custody order already in place in another state, then the temporary order will remain in effect until the court of another state exercises jurisdiction and makes a custody determination.

About the Author:

While explained in its simplest form here, the UCCJEA has many different intricacies. In real life situations, legal issues pertaining to the UCCJEA arise and must be decided. If you are in need of a child custody attorney in Maryland or DC, you need to contact a Maryland family attorneyor DC family lawyer without delay.

Getting Custody Of Your Children

By Carlton T. Driver

When a marriage gets to the point where either separation or divorce is the only path forward, one of the most difficult aspects to deal with is filing the child custody case. It means that you must deal with a whole range of feelings involving not only your past with the family, but also that you will have to address the difficulties that your children will experience as you move through the process.

If you have minor children in your family it is inescapable that you will need to deal with the nightmare of determining child custody when you divorce or separate. Instead of dwelling on the past, it is best if you can try to look forward to a new chapter in your life with your children. Looking toward the better days ahead for you and your children will arm you with the determination to continue on fighting for your rights as a parent, and for your children's right to enjoy a happier life under your care.

Being Certain That Your Child Will Be Under Your Care

Almost all parents will attempt everything they can to be insure that they will have their children under their care following any separation. If you have either filed, or are planning to file, for child custody, then you should certainly be working very hard on refining the approaches that will help you obtain the custody of your children.

Family Law experts will tell you that the best way to win a child custody case is to be prepared with sufficient information about the process that you are involved in. If you are already knowledgeable about the ins-and-outs of child custody matters, then you are less likely to be caught by surprise by your former partner when fighting for custody.

In addition, if you are informed about the details of the child custody process, you can explain it more easily to your child. You will be able to answer his or her questions on why this has to happen, why is it happening and what is in store for him or her after the process. To make it more certain that you will win the child custody case, you should make sure that you:

- Be concerned primarily about the welfare of the children at all times. Unfortunately, adults can, and often do, turn a child custody battle into a battle zone. They frequently don't realize that they are not the only ones who are feeling the tension that the situation produces. It is always the children who are left with no other alternative but to accept the decision that their parents have made. Although your love for your children is what drives your desire to have custody of them, it certainly does not justify treating them as a form of sacrifice, hurting them on the process.

- Write down all the concerns you have about the intervals when your child is in the custody of the other parent. Documenting instances of things that make you uneasy when your child is with the other parent can be an effective means of winning a child custody case.

- Make a list of all the reasons why winning the child custody case would be in the best interest of the children. Be certain that you not only list the reasons why the child should be with you, but ensure that you can explain these reasons thoroughly during the procedure. This will help you achieve custody when your case is heard.

About the Author:

You can download two FREE reports about Child Custody issues by going to this link: Free Child Custody Reports. A Custody Dispute is too important to leave the outcome to chance - or a mediocre lawyer - so arm yourself with critical information. Get your copy of this Complete Guide to Child Custody Strategies. Be your own best advocate.

Basic Questions About Child Custody

By Carlton T. Driver

For those unfamiliar with the process, child custody is one issue they would just as soon not get involved with. Unfortunately, since divorce brings with it the difficult problems of child custody and other attendant conflicts, people are now needing to learn more about certain aspects of it.

The following are some of the most commonly repeated questions from people who are unfamiliar with the subject. The answers provided represent answers collected from various child custody attorneys. While it is obvious that child custody laws are not the same for all states, the following answers are couched in general terms. Certainly, you must consult local experts to determine whether these answers apply to your own situation.

What Does Custody Mean? "Custody" is the determinant that states who is the party responsible for the child or children in cases where their parents do not live together. This applies to couples who are either separated, divorced, or who have never been married to each other but are the biological parents.

How Does Legal Custody Differ From Physical Custody? When a parent has been granted physical custody, it refers to the situation in which the child will spend time living at home with that parent on a routine basis. If the custody is specified as "joint physical custody", then the child is bounced back and forth between the parent's homes.

When a parent has "sole legal custody", that parent has the sole right to make decisions on the child's education, health, and overall welfare (schools, doctor, etc). In "joint legal custody" both parents share in making the relevant decisions.

How is a Decision Made? A judge typically gives his or her approval to a custody plan once it is agreed upon by the parents. If the parents are not able to agree, they will be required to speak with a counselor or mediator to help them work out a plan. The judge is required to make the decision on any disputed issues that both parties are not willing to resolve.

Can a Child Still See a Parent Not Awarded Physical Custody? Certainly. The court will usually issue an order stating that the non-custodial parent be given generous visitation rights with the child. However, this can, and will, be restricted in cases where domestic violence has occurred or is suspected, or in cases where a parent's ability to care for the child is under question.

What Happens When A Custodial Parent Obstructs The Child's Visit To The Other Parent? The non-custodial parent can ask the court for a "contempt" order. The parent who is denying visitation can receive court sanctions. If it can be proven that it was done intentionally, the non-custodial parent may have grounds to sue to be granted the child's custody. The judge usually will first require the couple to attempt to work out things with the help of a mediator.

Can A Custody Arrangement Be Changed If It Doesn't Work? Parents can usually change a custody arrangement if it doesn't work, provided they are able to come up with a new plan and they ask the judge to make it official. If the parents continue to disagree, they can ask the judge to make the changes. The judge's decision is expected to be based on the child's best interests. This can be difficult if the child is being well-cared for or if the custody plan had been in place for some time.

Can Anybody Besides The Parents Be Given Custody Over A Child? In some States, including California, a judge is required to give consideration to the parents first, either singly or jointly. However, a judge can give custody to either a relative (a grandmother, step-parent) or a friend, with or without the parents' consent. This can occur where the judge anticipates that granting custody of the child to either on of the parents would be detrimental to the child.

About the Author:

You can download two FREE reports about Child Custody matters, and learn a lot more about how to win in a Child Custody Hearing by clicking on this link: Free Child Custody Reports. There, you will also be able to learn about a The Comprehensive Guide to Child Custody Strategies.

Child Custody Arrangements

By Carlton T. Driver

When a couple moves to the point of pursuing a divorce in a marriage where children are present, the most important question quickly becomes evident: Who will get custody of those children? It is often the single most contentious issue in the entire divorce proceeding. In the ideal case, the parents will be able to agree on a shared custody arrangement in which both parents share both legal and physical custody of the children. Unfortunately, this is often not the case - in which other custody arrangements must be explored. The following are some of the more common options.

Let's start with some definitions. "Legal Custody" means that the children's designated guardian (parent) has sole right to make all decisions that affect the children, including areas such as medical needs, education, religious questions, and any legal issues. "Physical Custody" describes the right to determine where the children will live, and to the responsibility for seeing to their daily requirements, including total responsibility for their safety and well-being.

Sole Custody: If one parent is awarded sole custody, that parent has complete responsibility for the children's physical circumstances, and will make all decisions dealing with the matters described above. In come cases, sole physical custody could be awarded to one parent, but both would share legal custody. This situation can come about if the life situation of the non-custodial parent is not likely to be one the children should be exposed to, but the parent is still otherwise fully able to making good judgments about the details of their upbringing.

Joint Custody: In situations where joint custody is ruled, it means that both parents will share custody in some way. Shared physical custody requires that the parents work out schedules that make it possible for the children to split their time between the two parents' locations. Typically, a set schedule is maintained, which will help reduce the stress on the children. This can only work when both parents live in the same vicinity, so that the children can remain in the same schools. When the parents' locations make this impossible, shared physical custody must be modified to take school schedules into account, with visits to the alternate parent limited to weekends and summers.

Joint legal custody is usually a simple affair, as it is unlikely that legal custody would be divided into different domains. For example, it is not likely that a parent would be considered capable of sharing in legal decisions for the children, but not capable of making decisions regarding their medical care.

Bird's-Nest Custody: This is the least common form of custody arrangement, and for good reason. While it is probably the best possible arrangement for the children, it is also the one which requires the most self-sacrifice and cooperation on the part of the parents. Bird's-nest custody refers to an arrangement in which the children continue to live in the original family home, and the parents take turns living there with them. This obviously requires that each of the parents have a second place to live, when they are not staying with the children.

When a divorce is amicable, the parents can both share a single second home, since they would never be staying there at the same time. If they were, the children would also have to be present. For this to work, the divorced parents must be able to cooperate on all issues involving the second home, and they must be able to do this and not find themselves continually arguing about routine problems. Since this doesn't happen in most divorces, setting up this custody arrangement would probably require each of them to have to have a separate second home. That means a lot of extra expense and inconvenience - so it is obvious why this arrangement is not often used.

About the Author:

Find out more regarding the best ways to win your custody fight. Receive copies of two FREE reports regarding child custody by clicking on: Free Child Custody Reports. Then, discover more information at web-omnibus.com.

Tips To Help You Win Your Custody Battle - Part 2

By Carlton T. Driver

When a couple initiates divorce proceedings it can be an extremely stressful experience, even if the divorce is amicable. With an amicable divorce, the question of child custody can often be worked out by simple agreement, without much difficulty. When a divorce is contested, however, the issue of child custody can become a major hurdle. If you find yourself in this nightmare, there are things you can do to make it more certain that you will be able to win in the struggle to be given custody of your children.

* Maintain a detailed calendar of anything that involves your children, and the daily details their care. You need to be aware of the activities they are involved in, and know what their daily schedules are. You also need to keep track of the details of any situations where your ex was unable or unwilling to fulfill obligations involving the children - whether it involved picking them up at a certain place and time, or dropping them off on time, or other instances of failures to fulfill commitments.

* It is vital that you be as flexible as you can possibly be when it comes to making adjustments to your situation to be able to accommodate the needs of your children - and your former spouse (although that may be a tough pill to swallow!) - when it comes to your children's schedules. Whenever you can manage it, be very cooperative if you are asked to make adjustments to the days or weekends when you are scheduled to have the children. By doing this, you make it evident to the Court that you are making the welfare of the children your top priority, and placing your own needs below that.

* Be ready to present to the Court arguments as to why custody shouldn't be given to your former spouse. Keep records of how much they stay involved in the daily details of your children's lives, and how willing or unwilling they have been to accommodate changes that become necessary in matters that their schedules. If you can show the Court that the children would appear to be less important to your ex, it can help greatly in making your case.

* If your custodial adversary has a history of issues such as poor mental health, drug or alcohol addictions, or a criminal record, these are legitimate issues that can be raised before the court to support your case for being granted custody. If your former spouse is behaving inappropriately with a new sexual partner when the children are present, you can also raise that issue with the Court. Any substantive issue that could adversely affect your children is a legitimate issue for the Court to review when deciding your custody case.

* Make your best effort to hire a competent attorney who can help you with your custody case. An attorney who truly has your best interests, and those of your children, at heart will be your best ally in your case for obtaining the custody of your children. It is also true, however, that finding that special attorney is often an almost impossible task. As a result, you need to have a "fall-back", some resource that can provide an additional source of help you just in case your attorney turns out to be lazy, and simply interested in biling hours while doing little actual work. Another situation that can, and often does, come up with an attorney is that they are simply too busy to keep up with all the important psychological and legal approaches, the kinds of evidence, and types of accusations that work (or fail to work) in the Family Courtroom.

The best way to get obtain this kind of information is to have access to a Custody Guide that has been written by some experts in the field. They should be experts who have ample experience, and the know-how to compile the relevant information, and present it in a way that makes it easy for a person without a non-judicial background to understand it, and make use of it. There are numerous sources for this type of guide that can help you find your way through the pitfalls that can block your route to getting Child Custody. The links in the resource box will provide further information.

About the Author:

Find out more regarding the best ways to succeed in your custody struggle. Get your copies of two FREE reports regarding child custody by clicking: Free Child Custody Reports. Then, find more resources at web-omnibus.com.