Jurisdiction

Question 1

Jurisdiction For Divorce

Answer 1

• Plaintiff is domiciled in the forum state or if state has some other equivalent long-term connection w/ at least one of the parties to the marriage

(some states have residency requirement to prevent forum shopping)

Question 2

Jurisdiction of Property Division

Answer 2

Generally, need personal jurisdiction over defendant

Question 3

Child Custody Jurisdiction - UCCJEA

Answer 3

Uniform Child Custody Jurisdiction & Enforcement Act’s purpose is to avoid jurisdictional disputes regarding child custody and visitation & promote interstate cooperation & facilitate interstate enforcement of custody and visitation orders

(3 tests)

• Home State Jurisdiction (most commonly tested)
• Significant Connections Test
• Temporary emergency jurisdiction

Question 4

Home State Jurisdiction

Answer 4

Court has exclusive jurisdiction to initially enter into or modify custody/visitation order if:

• Is the child’s home state ( aka where the child lives with parent (or person acting as parent) for at least six consecutive month before proceeding) OR
• was the child’s home state within the past six months and the child is absent from the state, but a parent/person acting as a parent continues to live there

Question 5

Custody/Support Modifications - Issuing court Jurisdiction

Answer 5

has continuing exclusive jurisdiction to modify until it determines that;

1) neither child nor parents continue to reside in the state
2) child no longer has a significant connection with the state and substantial evidence is no longer available relating to child’s care, protection, training, and personal relationships is available in the state (only issuing court can decide this)

Question 6

Federal Parental Kidnapping Act - custody orders

Answer 6

state may not modify custody order if one parties continues to reside in issuing state, and under that state’s laws, the court continues to have and does not decline jurisdiction

Question 7

Temporary Emergency Jurisdiction - Abandonment/Abuse

Answer 7

• Court may exercise temporary emergency jurisdiction if child’s been abandoned or it’s necessary in an emergency to protect child b/c child, sibling, or parent is subjected to/threatened with abuse

Question 8

UIFSA - Child Support Enforcement

Answer 8

• The uniform interstate family support act governs child support & has been adopted by all states. Once order is registered, can be enforced by any state.

Question 9

Child Support - Jurisdiction to modify

Answer 9

Court that issues the controlling support order has continuing and exclusive jurisdiction to modify it. Role of courts in other state is only to enforce original order.

Question 10

Federal Full Faith And Credit Child Support Act

Answer 10

Full faith and credit must be given to child support orders of a court in another state