Uniform Child Custody Jurisdiction And Enforcement Act
Encyclopedia
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 49 U.S. State
s, the District of Columbia, Guam
, and the U.S. Virgin Islands
. The Act became effective in Vermont on 7/1/2011. As of July 25, 2011 the only state that has not adopted the UCCJEA is Massachusetts
, although a bill to enact it is presently pending in its Legislature. Puerto Rico
has also not adopted the Act.
The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody
litigation in the court
s 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 in a state that has (1) "significant connections" with the child and at least one parent and (2) "substantial evidence concerning the child's care, protection, training, and personal relationships" may assume child-custody jurisdiction. If more than one state has "significant connections" and "substantial evidence...", the courts of those states must communicate and determine which state has the most significant connections to the child. A court which has made a child-custody determination consistent with UCCJEA has exclusive, continuing jurisdiction over the determination until either (1) that court determines that neither the child, the child's parents, nor any person acting as a parent has a significant connection with the State that made the original order and that substantial evidence is no longer available in the State concerning the child's care, protection, training, and personal relationships, or (2) that court or a court of another State determines that the child, the child's parents, and any person acting as a parent do not presently reside in the State that initially made the child custody order.
The UCCJEA replaced a previous Uniform Act, the "Uniform Child Custody Jurisdiction Act", primarily because the old act was inconsistent with the federal Parental Kidnaping Prevention Act when determining proper jurisdiction for initial custody determinations and because of contradictory interpretations of the PKPA. The UCCJEA corrects these problems. The UCCJEA also added uniform procedures to register and enforce child-custody orders across state lines.
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.
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.
For an example of #1, the parents divorce in Texas, and mother and children move to Mississippi. The father continues to live in Texas and the children maintain a significant connection to Texas by visiting Texas often and spending their summers there. Three years later father files suit in Texas to modify custody. The mother attempts to transfer jurisidiction to Mississippi. Texas should not relinquish jurisdiction to Mississippi. This interpretation of the statute has been affirmed by the Texas Supreme Court in the case In Re Forlenza 140 S.W.3d 373, 379 (Tex. 2004).
For an example of #2, parents divorce in Texas, mother and children move to Mississippi, Father moves to California. Because the children and both parents no longer live in Texas, the courts of Texas will have lost their exclusive, continuing jurisdiction to modify their own custody orders. For most practical purposes, that means that jurisdiction to modify those orders will most likely not be in Texas, but, rather, in the state where the children and at least one parent have taken up residence (here, Mississippi).
To continue with the example of an initial custody determination above, let us say that Chris' father gets custody of Chris in the Iowa 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 - Iowa has continuing 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.
Uniform Act
In the United States, a Uniform Act is a proposed state law drafted by the U.S. Uniform Law Commission and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws ....
drafted by the National Conference of Commissioners on Uniform State Laws
National Conference of Commissioners on Uniform State Laws
The National Conference of Commissioners on Uniform State Laws is a non-profit, unincorporated association commonly referred to as the U.S. Uniform Law Commission. It consists of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States...
in 1997. The UCCJEA has since been adopted by 49 U.S. State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s, the District of Columbia, Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, and the U.S. Virgin Islands
Virgin Islands
The Virgin Islands are the western island group of the Leeward Islands, which are the northern part of the Lesser Antilles, which form the border between the Caribbean Sea and the Atlantic Ocean...
. The Act became effective in Vermont on 7/1/2011. As of July 25, 2011 the only state that has not adopted the UCCJEA is Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, although a bill to enact it is presently pending in its Legislature. Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
has also not adopted the Act.
The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
litigation in the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s 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 in a state that has (1) "significant connections" with the child and at least one parent and (2) "substantial evidence concerning the child's care, protection, training, and personal relationships" may assume child-custody jurisdiction. If more than one state has "significant connections" and "substantial evidence...", the courts of those states must communicate and determine which state has the most significant connections to the child. A court which has made a child-custody determination consistent with UCCJEA has exclusive, continuing jurisdiction over the determination until either (1) that court determines that neither the child, the child's parents, nor any person acting as a parent has a significant connection with the State that made the original order and that substantial evidence is no longer available in the State concerning the child's care, protection, training, and personal relationships, or (2) that court or a court of another State determines that the child, the child's parents, and any person acting as a parent do not presently reside in the State that initially made the child custody order.
The UCCJEA replaced a previous Uniform Act, the "Uniform Child Custody Jurisdiction Act", primarily because the old act was inconsistent with the federal Parental Kidnaping Prevention Act when determining proper jurisdiction for initial custody determinations and because of contradictory interpretations of the PKPA. The UCCJEA corrects these problems. The UCCJEA also added uniform procedures to register and enforce child-custody orders across state lines.
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.
Exclusive, 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.
For an example of #1, the parents divorce in Texas, and mother and children move to Mississippi. The father continues to live in Texas and the children maintain a significant connection to Texas by visiting Texas often and spending their summers there. Three years later father files suit in Texas to modify custody. The mother attempts to transfer jurisidiction to Mississippi. Texas should not relinquish jurisdiction to Mississippi. This interpretation of the statute has been affirmed by the Texas Supreme Court in the case In Re Forlenza 140 S.W.3d 373, 379 (Tex. 2004).
For an example of #2, parents divorce in Texas, mother and children move to Mississippi, Father moves to California. Because the children and both parents no longer live in Texas, the courts of Texas will have lost their exclusive, continuing jurisdiction to modify their own custody orders. For most practical purposes, that means that jurisdiction to modify those orders will most likely not be in Texas, but, rather, in the state where the children and at least one parent have taken up residence (here, Mississippi).
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.To continue with the example of an initial custody determination above, let us say that Chris' father gets custody of Chris in the Iowa 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 - Iowa 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.
External links
- Full text of UCCJEA
- Minnesota Bar article analyzing UCCJEA and contrasting with old act
- Comparison of UCCJA and UCCJEA section-by-section
- National Conference of Commissions on Uniform State Laws fact sheet regarding the UCCJEA
- Case study of the most recent Michigan Supreme Court case involving the UCCJEA, including documents from the case file