Family Law – Basics Of The Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA)
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted in 1997, and adopted by the majority of states in the U.S., for the purpose of providing a solution to jurisdictional issues when parents and children live in different states. The UCCJEA replaced the Uniform Child Custody Jurisdiction Act (UCCJA), the previous Uniform Act, because of that Act’s discrepancies with the federal Parental Kidnapping Prevention Act (PKPA).
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:
The most basic tenet of the UCCJEA is that exclusive and continuing jurisdiction resides in the child’s home state. The definition of home state, according to the UCCJEA, is that state where the child has lived for at least six consecutive months immediately prior to the commencement of the child custody case. If the minor child has not yet reached the age of six months, then the home state is where the minor chlid has lived 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 and 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.
Upon issuing a temporary order, the court exercising emergency jurisdiction will then determine whether a custody order already exists. If there already is an order concerning the child, then the court’s temporary order will remain in effect until the parties are able to return to the home state and that state deals with the issue. If there isn’t an order, then the temporary order remains in effect until a custody proceeding is filed in the home state and a new order supersedes the temporary order.
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 Virginia or Maryland, you need to contact a Virginia family attorneyor Maryland family lawyer without delay.
