UCCJEA

Question 1

What does UCCJEA stand for?

Answer 1

Uniform Child Custody Jurisdiction & Enforcement Act

Question 2

What does the UCCJEA do?

Answer 2

Permits a state to adjudicate matters related to children without having personal jurisdiction over the respondent spouse (defendant)

Question 3

What is the UCCJEA rule?

Answer 3

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

Question 4

Under the UCCJEA what are the four ways in which a state court can establish its jurisdiction over the child?

Answer 4

1. State X is “home state” – child lived in State X since birth or for the last 6+ months?
2. 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?
3. 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?
4. If no to all three above, is State X the default jurisdiction?

Question 5

Continuing, Exclusive Jurisdiction under UCCJEA?

Answer 5

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

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

OR

A child (or both parents) move out of the state