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.
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.
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