Family Law Flashcards
Jx over divorce
One of the spouses must be domiciled in the state seeking to enter the divorce.
Generally, if a spouse is a resident of the state for a minimum period of time, then there is a presumption he is domiciled there and the court will have jx.
Compare jx for the court to determine financial issues 9like property rights and support). the court must have personal jx over both parties.
Jx for child custody
Uniform Child Custody Jx and Enforcement Act (UCCJEA) applies to interstate custody disputes (deciding initial jx and modifications).
Initial award of custody: primary test is home state, meaning either the state where the child has lived w/ parent for at least 6 months, or the state that was the child’s home state within the last 6 months and the child is absent form the state, but a parent continues to live in the state.
If no home state, court can assume jx if the child has a significant connection w/ the state and there is substantial evidence of the child’s well-being in the state.
Modification:
the issuing state exercises continuing, exclusive jx unless no child or parent continues to reside in the state OR the child no longer has a significant connection w/ the state and there is no substantial evidence in the state.
