Uniform Child Custody Jurisdiction and Enforcement Act

Post By admin in  custody 

Multiple laws have been created to deter interstate parental kidnapping. The most relevant and comprehensive law that prevents “seize-and-run” situations in the United States is the Uniform Child-Custody Jurisdiction and Enforcement Act which was drafted in 1997. The UCCJEA compiles a set of rules regarding child custody and visitation, however it does not regulate child support.

Prior to UCCJEA, a parent could take their child to another state and get granted sole custody, and then the original state would have to abide by the ruling. This changed after UCCJEA passed. Before making a custody determination in any interstate case the court must have jurisdiction over the parties by giving notice to the other parent in the form of a “notice to appear” or a “summons.” The UCCJEA vests “exclusive and continuing jurisdiction” for child custody litigation in the courts of the child’s “home state.” There are four criteria that will be looked at when determining which state has jurisdiction under UCCJEA. They appear in order from the most simple and ideal to the most complex:

The “home state” is where the child is and has been living with a parent for 6 months or immediately prior to the filing of the proceeding, and extending for another 6 months as long as a parent remains in the home state.
If there is no home state, the state with a “significant connection” would be the next in line for jurisdiction. This will generally be the state in which the child is attending school.
“More appropriate jurisdiction” will be relevant when there is no home state, no significant connection or either of the previous mentioned have declined jurisdiction. This situation can arise in cases where one or both parents is a migrant worker.
“Vacuum jurisdiction” is when no other state can or will take jurisdiction.

Once a court has made a custody determination under any of the above jurisdiction requirements, the court will be awarded exclusive jurisdiction, meaning that the court will have sole jurisdiction over any further custody issues. It is important to note that although the wording “exclusive and continuing jurisdiction” is used in the UCCJEA, a court can decline jurisdiction if the location, since determined, has become inconvenient for both parties, or if there has been misconduct on the part of either parent. The UCCJEA also allows a court to issue temporary “emergency orders” when the child is present in the state that does not have jurisdiction, as long as the child is in danger and is in need of immediate protection.

Many child custody attorneys practice in a single state. If you are involved with an interstate child custody case it is imperative that you consult an attorney who is aware of all interstate laws and can help you understand your rights.

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Child Custody on Halloween

Post By admin in  custody 

Want to take the kids trick or treating?  Many times, a Standard Possession Order does not include a provision specifically for Halloween.  This can make Halloween extra scary for divorced parents who both want to spend time with their costumed boys and ghouls.

If Halloween doesn’t fall during your possession this year, you there are still alot of ways you can still share in the holiday fun. Setting up a Skype session or Facetime with your child in costume, surprising them with lunch at your child’s school if they dress up, or sending a Halloween balloon or cookie delivery. You can also celebrating before Halloween by making a trip to the pumpkin patch, carving jack-o-lanterns, or watching age-appropriate scary movies.  You can even through a neighborhood or family party before Halloween.

Some divorced families even put their differences aside for one night and go trick or treating together, although (depending upon your circumstances) this may not work for everyone.

If Halloween does fall during your possession time, make sure to take and send  lots of pictures of your child in costume to your ex.  They will want to see their children dressed up as much as you do.  Hopefully they will repay the gesture on a year when they have Halloween or another important holiday or event.  These small gestures can be huge in establishing and maintaining effective co-parenting and encouraging a healthy relationship with your child’s other parent.

For people who have not yet finalized their divorce, speak with your divorce lawyer as provisions can be included in your decree for special holidays that are not addressed by the Standard Possession Order, like Halloween, Easter, and the Fourth of July.

No matter what your relationship is like with your ex or what your decree says about Halloween, keep in mind that Halloween should be a fun holiday for your child and know that you, whether it is your day for possession or not, should have the ability to make that happen.  Happy Halloween and enjoy the candy!!

 

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Interstate Jurisdiction in Child Custody

Post By admin in  custody, Divorce 

Child custody issues can be difficult for all parties involved in any scenario, but when multiple states are involved, child custody laws become especially complicated. They can involve state, federal and even international law.

There are multiple laws that have been created to deter interstate parental kidnapping. The most relevant and comprehensive law that prevents “seize-and-run” situations in the United States is the Uniform Child-Custody Jurisdiction and Enforcement Act. The UCCJEA compiles a set of rules regarding child custody and visitation, however it does not regulate child support.

Prior to UCCJEA, a parent could take their child to another state, get granted sole custody, and the original state would have to abide by the ruling. This changed after UCCJEA passed. Before making a custody determination in any interstate case the court must have jurisdiction over the parties by giving notice to the other parent in the form of a “notice to appear” or a “summons.” There are four options and  criteria that will be looked at when determining which state has jurisdiction under UCCJEA. They appear in order from most ideal to least ideal:

•     The “home state” is where the child is living with a parent for 6 months or immediately prior to the filing of the proceeding, and extending for another 6 months as long as a parent remains in the home state
•     If there is no home state, the state with a “significant connection” would be the next court in line for jurisdiction. This will generally be the state in which the child is attending school.
•     “More appropriate jurisdiction” will be relevant when there is no home state, no significant connection or either of the previous mentioned have declined jurisdiction. This situation can arise in cases where one or both parents is a migrant worker.
•    vacuum jurisdiction” – no other state can or will take jurisdiction.

It is important to note that a court can decline jurisdiction if the location, since determined, has become inconvenient for both parties, or if there has been misconduct on the part of either parent. Once a court has made a custody determination under any of the above jurisdiction requirements, that court will be awarded exclusive jurisdiction. This means that that court will have sole jurisdiction over any further custody issues. The UCCJEA, however, allows a court to issue temporary orders in emergency situations when the child is present in the state as long as the order is made to protect the child from abuse or threatened abuse from a family member.

Many child custody attorneys practice in a single state. If you are involved with an interstate child custody case it is imperative that you consult an attorney who is aware of all interstate laws and can help you understand your rights.

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