The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that was created to prevent parents from engaging in a custody dispute in multiple states. It sets up a framework to enforce existing child custody orders across state lines and is designed to ensure that changes to those orders happen in one centralized court.
How Does UCCJEA Work?
The UCCJEA requires that any state court that issues a ruling on a child custody matter must recognize an out-of-state valid ruling issued by any other state. The presiding court must also enforce any prior or current orders regarding child custody, visitation, or support previously made by any other court. This ensures that any modifications to those orders are also handled by the original court rather than having to initiate a new case in another jurisdiction.
The UCCJEA applies only to arrangements for physical custody of a child, and not for legal custody or access to the child. It provides guidance on which state should issue a ruling when there are conflicting child custody orders in multiple states. Under the UCCJEA there are three types of jurisdictions which might be appropriate when filing a custody action. A home state jurisdiction applies if the child has been in the same state for at least the last six months. A “significant connections” jurisdiction applies if the child does not have a home state but has significant connections to another state. And a “temporary emergency jurisdiction” applies if there is a current risk of harm to the child.
Advantages of UCCJEA
The UCCJEA provides several benefits for families involved in child custody disputes. It eliminates the confusion and uncertainty caused by having multiple court proceedings in multiple states and ensures that any custody matters are handled in a timely and coordinated manner. It also prevents parents from “forum shopping,” or trying to gain an advantage by filing in a different state that may be more favorable than the state where the child currently resides. Finally, the UCCJEA helps to protect both the parent and the child from having multiple orders interfere with each other and keeps the entire process streamlined and efficient.
Conclusion
The Uniform Child Custody Jurisdiction and Enforcement Act was established to provide a framework for enforcing valid child custody orders across state lines and preventing parents from filing in multiple jurisdictions. This law provides numerous benefits to families in that it prevents confusion, ensures timely rulings, and prevents forum shopping. By understanding how UCCJEA works, business professionals can better advise their clients who are engaged in a child custody dispute.