Rule Statements

Question 1

Establishing Personal Jurisdiction in Family Law Cases

Answer 1

Look for states long arm statute.

Long arm statute must not violate the 14th Amendment due process.

5 ways to assert personal jurisdiction that do not violate personal jurisdiction:
1- waiver
2- consent
3- business contacts
4- residence
5- minimum contacts

Question 2

Under the UCCJEA, when does a court have subject matter jurisdiction to determine custody

Answer 2

If it has:
1- home state jurisdiction - child has lived in a state for 6 months (less than 6 months if child is below 6 months of age) or if child is not currently in home state then they lived in the state within the last 6 months and the parent still lived there

2- significant connection jurisdiction (when there is no home state) - child is not present within the state, but a parent is and substantial evidence regarding custody exists within the state

3- if none of the above, default jurisdiction

Question 3

When does a court have jurisdiction to award child support

Answer 3

A court that has jurisdiction over a child custody matter has continuous and exclusive jurisdiction over the matters pertaining to the child’s custody and support