The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was approved by the National Conference of Commissions in 1997. This legislation is a uniform State law meant to replace the original 1968 Uniform Child Custody Jurisdiction Act (UCCJA), which was adopted in all 50 states and the Virgin Islands.
Why New Legislation Was Needed
The kidnapping of children by one spouse after divorce became a huge problem for both the state and federal governments. Once a child custody order had been granted by the state where the parents were divorced, the parent who disagreed with that arrangement would take the children and move to another state to obtain a different custody order. In order to address this problem, the federal government enacted the Parental Kidnapping Prevention Act (PKPA) in 1980. This legislation is designed so that each state gives “full faith and credit” to the custody determined by the “home state” of the child.
The UCCJEA has since been adopted throughout 48 states, excluding Massachusetts and Vermont, along with Guam and the U.S. Virgin Islands. This will become effective in the State of New Hampshire on December 1, 2010.
How to Determine the Home State of the Child
The home state of the child is the state that has jurisdiction over the child. When a child resides in a state for a period of six months or more, that is considered their home state. The primary objective is to control disputes regarding child custody when the parents reside in different states. The UCCJEA follows certain rules when determining who has legal custody. The federal guidelines are:
- Once child custody proceedings have begun, the home state is where the child has lived for the past six months prior. If the parent who has custody continues to live in that state, the court will deem this as the child’s home state, even if the child is currently visiting with the other parent in another state.
- If neither parent has not been a resident of any state for six months or more, then the court will consider which state the parent has a significant connection with. For example, if one spouse has resided in a state for a long time, but moved away, they might have a special relationship with the people in that state, including friends and relatives. This can be viewed as the child’s home state.
- When no other state has jurisdiction outlined in the above scenarios, the determination of which state has jurisdiction may be resolved by determining which state has the most significant connection with the child.
- Emergency jurisdiction can arise when a child is residing in a state that is neither the home state nor has a significant connection to the child. This can happen if the child has been abandoned or requires protection from an abusive parent.
Obtaining Legal Advice From a Family Law Attorney
Child custody disputes can often be a long drawn out battle between the parents. Federal laws are complicated and difficult to understand but may affect whether you and your children will be allowed to live together. It is imperative to seek legal advice from a family law attorney if you and your ex-spouse reside in different states and are still in disagreement regarding custody issues.
