The Uniform Child Custody Jurisdiction and Enforcement Act [UCCJEA] was a unified law drafted in 1997 and adopted by most states in the United States to provide solutions to judicial issues in which parents and children live in different states. UCCJEA replaces the Uniform Child Custody Jurisdiction Act [UCCJA], the former Uniform Act, which differs from the Federal Parental Abduction Prevention Act [PKPA].
Before delving into UCCJEA, this article is for reference only and is not a legal recommendation. If you need to provide legal advice on your specific situation or need to answer questions related to your legal issues, you should contact your state's family lawyer.
So what is the basis of UCCJEA?
[1] National jurisdiction:
UCCJEA grants exclusive and ongoing jurisdiction over the determination of child custody in the child's "hometown" court. This is the key to UCCJEA. But what is hometown? It is defined as the state in which the child stays for at least six consecutive months before filing a child custody proceedings, or if the child is less than six months from the time the child was born.
If the child does not reside in the state for six consecutive months prior to the guardianship, the Act takes into account the jurisdiction of the state with the child and at least one parent, and the child's place of residence has substantial evidence. . If more than one state falls into this category, the courts in each state must communicate with each other to determine which state is more appropriate for jurisdiction.
[2] Exclusive and continuing jurisprudence:
Once the court has exercised the jurisprudence and made a child custody decision, the court will have a unique, continuous jurisprudence until one of two things. First, the court can determine that regardless of the child, the child's parents, and any parent, have a significant relationship with the state and no longer have substantial evidence about the child, stating that the court will reject the jurisdiction. Second, the original court or another state court can determine whether the child, the child's parents, or any person who is a parent in the original state, at this point, the court can determine that the continuing jurisdiction has ended. Continued jurisprudence is an important issue when one or both parents file a custody modification procedure.
[3] Temporary emergency jurisdiction:
But what happens when one party flees to another state with the child? In a way, UCCJEA handles this problem. If a country does not have jurisdiction, it can exercise temporary emergency cases where it is determined that the child is at risk and needs immediate protection.
After issuing an interim order, the court will check to see if there is a supervision order. If there is already an order, the interim order will allow the parent or parent to have reasonable time to return to the court and continue the jurisprudence in order to debate the regulatory case. If there is no order, the temporary order will continue to be valid until the court exercises its jurisdiction and makes regulatory decisions.
Orignal From: Family Law and UCCJEA - What happens when a parent takes a child to another state?
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