MEE - Bar Exam Drills

Question 1

Subject Matter Jurisdiction - Custody:

Answer 1

Under Uniform Child Custody Jurisdiction and Enforcement Act, jurisdiction (UCCJEA) to enter in a child custody order must be proper.

The test for jurisdiction over a child custody order is that the forum state must be the child’s home state.

The child’s home state is either:

(a) the state where the child has continuously resided with a parent for at least 6 months prior to the filing of the litigation

(b) the state that was the child’s home state, and now the child is absent but a parent remains in the home state

Question 2

Subject-Matter Jurisdiction - Child Support:

Answer 2

Under the Uniform Interstate Family Support Act (UIFSA), jurisdiction over a child support order is where a petition was filed.

However, another court may exercise jurisdiction if:

(a) the other parent objected to jurisdiction

(b) filed another petition in a separate court before the time to answer the first one expires

(c) the other state is the child’s home state