Jurisdiction

Question 1

PA residency requirement

Answer 1

6 months by one of the parties before a divorce action may be filed

Question 2

Initial jurisdiction for child custody (pt 1)

Answer 2

*Home state of the child at the start of the proceeding
*PA was the child’s home state within 6 months of the proceeding, the child isn’t in the commonwealth, but the parent is.

Question 3

Initial jurisdiction for child custody (pt 2)

Answer 3

When the court of another state doesn’t have jurisdiction or declines jurisdiction because PA is the more appropriate forum, &
one or both parents have a significant connection to PA beyond physical presence; & substantial evidence is available in this Commonwealth concerning the child’s care, protection, training and personal relationships

Question 4

Which counties can a proceeding be brought?

Answer 4

1) the county where D resides
2)The county where P resides if D lives outside the commonwealth
3) County of matrimonial domicile
4) after six months after the date of final separation, where either party resides

Question 5

What type of jurisdiction does the court have over matters like divorce and annulment?

Answer 5

original jurisdiction

Question 6

When can courts exercise PJ over a nonresident?

Answer 6

1) They are personally served w/ a writ of summons
2) they resided with the child in this State
3) they resided in this State and provided prenatal expenses or support for the child
4) The child resides in this State as a result of the acts or directives of the individual.
5) The child may have been conceived in this state
6) they acknowledged parantige

Question 7

When may jurisdiction be declied by reason of conduct?

Answer 7

○ To ensure that abducting parents will not receive an advantage Exceptions to Unjust Conduct Rule
○ Parties and all persons acting as parents have acquiesced in the exercise of jurisdiction
○ a court of the state otherwise having jurisdiction under sections determines that this Commonwealth is a more appropriate forum.
○ No court of any other state would have jurisdiction under the criteria specified above

Question 8

What is a home state?

Answer 8

The state in which a child lived with a parent or a person acting as a parent for at least 6 months consecutively immediately before the commencement of a child custody proceeding.

Question 9

According to the UCCJEA, the home state….

Answer 9

will have continuing exclusive jurisdiction to make custody decisions, unless the home state chooses to decline jurisdiction