Uniform Child Custody Jurisdiction and Enforcement Act

The laws can help determine child custody when one parent, guardian, or caretaker leaves the state. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform act that can help address what court has jurisdiction when child custody disputes involve foreign countries.

Interstate custody disputes may involve different state custody laws. Family laws are different in every state. After reviewing the information on this page, talk to a child custody attorney in your state to get legal answers to your specific questions.

What Is the Uniform Child Custody Jurisdiction and Enforcement Act?

The UCCJEA provides for cooperation between state governments on child custody matters. The law was enacted in 1997 to replace the Uniform Child Custody Jurisdiction Act (UCCJA).

All states except Massachusetts have adopted some form of the UCCJEA, including the District of Columbia, Guam, and the U.S. Virgin Islands. Massachusetts still follows the UCCJA.

What Is the Purpose of the UCCJEA?

The purpose of the UCCJEA is to allow legal cooperation between courts in different states, territories, and countries in child custody, visitation rights, and enforcing court orders when a parent removes a child from their home state.

Without the act, there could be issues between different state custody or visitation laws when one parent leaves the state. The UCCJEA can help avoid these conflicts.

The general provisions of the UCCJEA grants jurisdiction to the child’s home state and the initial child custody determination and preserves continuing jurisdiction over child custody proceedings.

Which State Has Jurisdiction Over Child Custody?

Jurisdiction means that a court can decide a child custody issue. A state can have initial child custody jurisdiction when:

• It is the child’s home state
• There is a significant connection to the state
• There is no more appropriate forum
• No other states’ jurisdictions apply

A state is generally the home state of the child if they lived there 6 or more consecutive months before any child custody proceedings.

A child custody dispute can be more complex if it is not clear which is the child’s home state. For example, if the family moved around a lot and spent time in multiple states, the court may decide which state has the most significant connections. Significant connections can depend on several factors, including where the child has personal relationships.

Can You Change Child Custody Jurisdiction?

Generally, the state that issued a child custody order maintains jurisdiction over the order. This includes modifying custody and visitation orders. However, you may be able to change the jurisdiction of the child custody order. Another state may be able to modify child custody orders when:

• Both parents have left the initial jurisdiction state
• There are no longer significant connections with the state that had initial jurisdiction
• The initial state doesn’t exercise jurisdiction
• There are reasons for temporary emergency jurisdiction and issuance of a temporary emergency order

Sometimes, a state will decline jurisdiction when only one parent has left the state that had initial jurisdiction. It is best to discuss your specific situation with an experienced family law attorney.

The UCCJEA can facilitate a change of jurisdiction. The home state rule does not necessarily mean the state where the child was born. The home state can change when the child becomes an active and invested resident of a new state. However, registration of child custody determination must be done, and all rules of the UCCJEA must be followed, including service of petition to register the court order and request for the new home state to take jurisdiction.

If both parents or legal guardians agree on proceeding with a custody arrangement, a child custody lawyer can help file an affidavit to change the custody court jurisdiction.

When Can a Court Refuse to Decide a Child Custody Case?

A family law court may decide not to exercise jurisdiction, even if it still has exclusive, continuing, or modification jurisdiction. Under the UCCJEA, a court can decline jurisdiction because of:

• Inconvenient forum
• Unjustifiable conduct

A state court can consider several factors to decide if another state would be a more convenient forum. Factors can include issues of domestic violence, how long the child has lived out of the state, and if another court is more familiar with the case.

A court can also refuse jurisdiction if a parent’s unjustifiable reason of conduct was used to establish jurisdiction. For example, if a child wrongfully removed a child from the state or concealed the child’s location, that could be unjustifiable conduct.

What Happens if My Child Is Taken Out of the Country?

Taking a child out of the country without permission could be child abduction. International child custody disputes can be even more complicated. Many states have signed the Hague Convention, which provides ways to return the child to their home country. Member countries agree to cooperate in locating children who were wrongfully removed, protecting the child, and securing the child’s return.

How Can a Child Custody Lawyer Help?

Moving a child custody order can be complex and very legally technical. A child custody lawyer can tell you more about your state laws and how you can protect your child custody agreement. If the other parent tries to take your child away using another state’s child custody laws, your attorney can help enforce your state’s jurisdiction over the case. For more information about your legal rights, talk to an experienced child custody lawyer familiar with the UCCJEA and its requirements.