The Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 46 U.S. States, the District of Columbia and the U.S. Virgin Islands. As of June 20, 2007 the only states that have not adopted the UCCJEA are: Missouri, Massachusetts, New Hampshire, and Vermont. Puerto Rico has also not adopted the Act.
The UCCJEA vests exclusive and continuing jurisdiction over child custody in the courts of the child's home state, which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth, for children younger than six months). If the child has not lived in any state for at least six months, then a court that has "significant connections" with the child may assume child-custody jurisdiction. If more than one state has "significant connections" with the child, the courts of those states must communicate and determine which state has the most significant connections to the child.
The UCCJEA replaced the previous Uniform Act the "Uniform Child Custody Jurisdiction Act", primarily because the old act was inconsistent with the federal Parental Kidnapping Prevention Act (PKPA) when determining proper jurisdiction for initial custody determinations. The UCCJEA corrects these problems. The UCCJEA also added a uniform procedure to register and enforce child-custody orders across state lines.
[top]Custody determination
Initial custody determination
To determine which state has proper jurisdiction to make an initial determination of child custody, the UCCJEA proceeds in the following order of priority:
1. The state which is currently the "home state" of the child, or was the child's home state within six months immediately before the commencement of child custody proceedings if the child is absent from the state, but a parent or person acting as a parent continues to live in the state;
2. If no state has jurisdiction under #1, then jurisdiction is proper where the child and at least one parent have a significant connection with the state (other than mere presence), and substantial evidence concerning the custody determination is available in the state;
3. If no state has jurisdiction under #1 or #2 above, jurisdiction is proper in any state having an appropriate connection with the child.
A state having jurisdiction under #1 or #2 above may decline to exercise its jurisdiction, and transfer it to another state if it is more convenient for the parties, or if one of the parties has engaged in misconduct necessitating a change.
"Home state" is defined as the "state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period."
For example, young Chris has lived in Iowa with his mother and father for the last three years. If the mother moves to Minnesota, but Chris remains in Iowa, then Minnesota will not have jurisdiction to determine custody over Chris. Iowa is the only state that can determine custody at this point.
Continuing jurisdiction
Once a state court has made a custody determination, that state keeps jurisdiction over all matters concerning that child, unless:
1. A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state, and evidence concerning the child's custody determination is not available in the state;
2. A court of the state with jurisdiction, or any other state, determines that the child and both parents or acting parents do not reside in the state any longer.
Continuing the example above, Chris and his father move to Minnesota, and live there for more than six months. Now the Minnesota courts may determine custody over Chris.
Modification of custody determination
Once a custody determination has been made, a court of another state does not have authority to modify the determination, unless the state with jurisdiction determines that it does not have jurisdiction as noted above, or any state court determines that the child, parents, and any acting parents do not reside in the state which currently has jurisdiction.
Continuing the example, Chris' father gets custody of Chris in the Minnesota courts, and the mom moves to Arkansas. If Chris spends the summer with his mom in Arkansas, his mom cannot go to the Arkansas courts and attempt to modify custody - Minnesota has continuing jurisdiction.
Emergency orders
A state which does not otherwise have jurisdiction may enter a temporary emergency order, if the child is in danger and needs immediate protection. After issuing such order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time period for the parties to return to the state having jurisdiction, and argue the issues to the court with jurisdiction.
If there is no previous child custody order in existence, the emergency court's order will remain in effect until a determination is made in a court having "home state" jurisdiction over the child. If no determination is made, and the emergency court's state becomes the home state of the child, the emergency order becomes a final determination of custody.
[top]UCCJA versus UCCJEA
The UCCJEA is a uniform State law that was approved in 1997 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) to replace its 1968 Uniform Child Custody Jurisdiction Act (the UCCJA). NCCUSL drafts and proposes laws in areas where it believes uniformity is important, but the laws become effective only upon adoption by State legislatures. As of July 2001, 26 jurisdictions had adopted the UCCJEA, and it had been introduced in 2000–01 in the legislators of 10 others. The UCCJEA governs State courts’ jurisdiction to make and modify “child-custody determinations,” a term that expressly includes custody and visitation orders.
The Act requires State courts to enforce valid child-custody and visitation determinations made by sister State courts. It also establishes innovative interstate enforcement procedures. The UCCJEA is intended as an improvement over the UCCJA. It clarifies UCCJA provisions that have received conflicting interpretations in courts across the country, codifies practices that have effectively reduced interstate conflict, conforms jurisdictional standards to those of the Federal Parental Kidnapping Prevention Act (the PKPA)to ensure interstate enforceability of orders, and adds protections for victims of domestic violence who move out of State for safe haven. The UCCJEA, however, is not a substantive custody statute. It does not dictate standards for making or modifying child-custody and visitation decisions; instead, it determines which States’ courts have and should exercise jurisdiction to do so. A court must have jurisdiction (i.e., the power and authority to hear and decide a matter) before it can proceed to consider the merits of a case. The UCCJEA does not apply to child support cases.
[top]Other Related Links
Full text of UCCJEA
As of this update in 2007, the UCCJEA was enacted in 48 states with a 2007 introduction in Missouri.
Minnesota Bar article analyzing UCCJEA and constrasting with old act
JURISDICTIONAL ISSUES IN CUSTODY (Visitation) CASES: THE PKPA / UCCJA AND UCCJEA
The
UCCJEA annotated is also available on the web.
Why States Should Adopt the UCCJEA by the National Conference of Commissioners on Uniform Laws
How to Update Wiki
The Law Wiki is still very new and so it's a great time to jump in and start updating it and learning how to use it. You really can't mess anything up, because all revisions are stored and can be rolled back by a moderator, so play away and you can help make this a great resource for WORLDLawDirect visitors.
Similar Threads
Child custody jurisdiction
Linear Mode
