Jurisdictio

Question 0

What are the four ways that a state can acquire personal jurisdiction over the defendant?

Answer 0

Domicile, minimum contacts, consent, presence

Question 1

What do the initials UIFSA stand for?

Answer 1

Uniform Interstate Family Support Act. A 1992 model statute establishing a one-order system by which an alimony or child support decree issued by one state can be enforced against a former spouse who resides in another state.

Question 2

What is the “forum” state?

Answer 2

The state in which the plaintiff’s action is filed.

Question 3

Divisible divorce

Answer 3

A divorce in which one state has jurisdiction to dissolve the marriage but lacks the authority to enter a support award.

Question 4

Long-arm statutes

Answer 4

Statutes that specify the kinds of minimum contacts that will give rise to personal jurisdiction

Question 5

Under UIFSA, what are the eight grounds under which a state may exercise personal jurisdiction over nonresident defendant?

Answer 5

1. The defendant is personally served within the state
2. The defendant consents to jurisdiction
3. The defendant at one time resided with the child in the state
4. The defendant resided in the state at one time and provided prenatal expenses or support for the child.
5. The child lives in the state as a result of the parents acts or directives.
6. The defendant engaged in sexual intercourse in the state that may have led to the child’s conception
7. The defendant asserted paternity in the putative father Registry
8. Where there is any other basis for the state’s exercise of jurisdiction.

Question 6

In rem jurisdiction

Answer 6

The jurisdictional requirement that there must be a connection between the underlying cause of action and the claims to the property

Question 7

UCCJA.

Answer 7

Uniform Child Custody Jurisdiction Act
A 1968 model statute that Sets out a standard (based on the child’s residence in and connections with the state) by which a State Court determines whether it has jurisdiction over a particular child custody matter or whether it must recognize a custody decree issued by another state’s court.

Question 8

UCCJEA

Answer 8

Uniform Child Custody Jurisdiction and Enforcement Act.

Question 9

What are the four jurisdictional bases for initial custody determination’s under the UCCJA and UCCJEA?

Answer 9

Home state, significant connection, emergency, last resort

Question 10

PKPA

Answer 10

Parental Kidnapping Prevention Act. A 1980 act that requires states to give full faith and credit to custody decrees of other states if they conform to PKPA’s jurisdictional requirements

Question 11

Significant connection jurisdiction

Answer 11

In a custody decision, it is a state’s exercise of jurisdiction in which there is a significant connection with the child and at least one contestant and substantial evidence is available in that state that is relevant to the merits of the custody determination

Question 12

Under the UCCJEA When may a state exercise significant connection jurisdiction?

Answer 12

Only when there is no home state or the home state declines jurisdiction

Question 13

Last resort jurisdiction

Answer 13

When a state assumes jurisdiction when no other state has or is willing to assume it and it is in the best interest of the child for it to do so

Question 14

How does the UCCJEA Handle modification jurisdiction?

Answer 14

The initial state has continuing, exclusive modification jurisdiction until 1) The initial state determines that it no longer has jurisdiction because it lacks a significant connection to the case and substantial evidence is no longer available there Or 2) it is established that neither the child or either parent still lives there

Question 15

Under PKPA when can a state assume significant connection jurisdiction?

Answer 15

When no other state qualifies as the home state