Interstate Custody Jurisdiction
Uniform Child Custody Jurisdiction and Enforcement Act
This law discusses how courts of two or more states decide which court should resolve a child custody case when parents seek to utilize different jurisdictions to resolve a custody dispute. This happens when parents live in different states.
To determine which state has proper jurisdiction to make an “initial determination” of child custody, the UCCJEA proceeds in the following order of priority:
1. The state which is the “home state” of the child, or was the child’s home state, within six months immediately before the commencement of child custody proceedings if the child is absent from the state, as long as a parent or person acting as a parent continues to live in the state;
2. If no state has jurisdiction under #1, then jurisdiction is proper where the child and at least one parent have a significant connection with the state (other than mere presence), and substantial evidence concerning the custody determination is available in the state;
3. If no state has jurisdiction under #1 or #2 above, jurisdiction is proper in any state having an appropriate connection with the child.
A state having jurisdiction under #1 or #2 above may decline to exercise its jurisdiction, and transfer it to another state if it is more convenient for the parties, or if one of the parties has engaged in misconduct necessitating a change.
“Home state” is defined as the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence does not affect determination of the home state.
“Competence, experience and persistence you can trust.” These words are not offered lightly. It is the firm’s philosophy in representing its clientele. If you are interested in speaking with an attorney of the firm, contact our Long Island divorce and family law firm at 631.462.3434 or by email at firstname.lastname@example.org to arrange a consultation to discuss your specific circumstance.