Child Custody

Question 1

Under the Uniform Child Custody Jurisdiction and Enforcement Act, when can state courts adjudicate over matters impacting a child?

Answer 1

Under the UCCJEA a state court can adjudicate over matters impacting a child if it has jurisdiction over the child

Question 2

When does a state have valid jurisdiction over a child?

Answer 2

1. The state is the child’s “home state” such that the child has lived in the state since birth or at least for the last six months
2. if the state is not the child’s home state and no other state is the child’s home state then the state has significant connection to the child
3. if no state qualifies as a home state and the state lacks significant connections to the child, the state nevertheless the most appropriate forum for the matter
4. if no other grounds under the UCCJEA are met regarding jurisdiction, the state is the default jurisdiction

Question 3

What is the nature of jurisdiction once a valid child custody determination is made?

Answer 3

Once a state has made a valid child-custody determination under the UCCJEA that state has exclusive jurisdiction over child custody determinations

Question 4

When will continuing, exclusive jurisdiction over child custody determinations end under the UCCJEA?

Answer 4

Under the UCCJEA, exclusive continuing jurisdiction of a state regarding making child custody determinations when that state made the original child custody order continues until:

1. a court determines that neither the child nor the child and one parent have a significant connection with the state and substantial evidence is no longer available in the state regarding the child’s welfare
2. a child or both parents move out of the state