Uniform Child Custody Act

Question 1

Initial jurisdiction of UCCJEA

Answer 1

Under the UCCJEA, a state court can adjudicate over matters impacting a child if it has jurisdiction over the child

Question 2

UCCJEA jurisdiction if state X that has jurisdiction over child is home state

Answer 2

If State X is “home state” – has the child lived in State X since birth or at least lived in State X for the last 6 months?

Question 3

UCCJEA jurisdiction if state X is not the home state of child

Answer 3

If State X is not the ‘home state’ and no other state is the ‘home state,’ then does State X have significant connections to the child?

Question 4

UCCJEA jurisdiction if no state qualifies as home state of child

Answer 4

If no state qualifies as a ‘home state’ and State X lacks significant connections to the child, is State X nevertheless the most appropriate forum for this matter?

Question 5

Continuing exclusive jurisdiction

Answer 5

Once a state has made a valid child-custody determination under the UCCJEA, that state has exclusive jurisdiction over the determination until:

▪ A court determines that neither child nor the child and one parent have a significant connection with the state, and substantial evidence is no longer available in the state regarding the child’s welfare; or
▪ A child (or both parents) move out of the state