Jurisdiction of the Court Flashcards
Personal & Subject Matter
court must have personal and subject matter jurisdiction to make determinations
Residency Requirement
most states require satisfaction of residency (6 weeks to 2 years)
Jurisdiction for child Custody
Initial Custody determination
Significant Connection JD
Default JD
Exclusive Continuing JD
What are the requirements for Initial Custody Determination
A court has SMJ to enter may modify custody determination or visitation if it is the childs home state.
If it is the state where the child lived for six months with guardian or if baby since birth.
or if absent from the state, it was there home state for the past six months and guardian still lives there
What is the requirement for significant connection jurisdiction
no other state accepts or has home state JD
the child and at lease one parent live in the JD
there is substantial evidence in the state about the childs care
Default Jurisdiction Requirements
A state has JD by default when no other state has home state or significant connection
Exclusive Continuing Jurisdiction
A court that makes initial ruling has exclusive continuing jurisdiction until
neither parents or child reside in the state
the child no longer has significant connection to the state and substantial evidence connected to the child is no longer available in the state.
When can a court decline jurisdiction
if forum is inconvenient based upon factors:
occurence of domestic violence, length of time the child has lived in another state, distance between competing jurisdictions, or if party is engaged in unjustifiable conduct
How to obtain Temporary emergency jurisdiction in child custody cases
can enter an order if the child is in danger and requires immediate protection
if prior custody order exist the court rendering the emergency order must make a reasonable time period for them to return
if no ordder remains in order until decreed rendered.
How to enforce an action from another state for child custody?
registration of state order can be registed by providing certified copy
PKPA requires state to give full faith and credit to other states custody deterrinations as they conform with the act
