In 1968, the Uniform Child Custody Jurisdiction Act was enacted. This law was aimed at preventing parents without custody from taking their children across state lines to establish custody in another state. This type of forum shopping was occurring frequently as non-custodial parents sought other courts that might alter custody agreements to be more favorable to them. While harmful to families, children and congested family court dockets .It took over ten years for all the states in the U.S. to adopt the Uniform Child Custody Jurisdiction Act (UCCJA).
Although the UCCJA was meant to reduce the number of people taking children across state lines by giving only one state court jurisdiction over a child custody case and preventing other states from altering these agreements, the Parental Kidnapping Prevention Act (PKPA) was enacted by Congress in 1981 in an effort to give more power to the UCCJA. Unfortunately, these two laws have several differences, with the main ones being whether the home state of a child is given priority in determining custody and under what circumstances jurisdiction exists for a state. This, combined with the lack of interstate enforcement of child custody orders, resulted in the birth of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in 1997.
The Uniform Child Custody Jurisdiction and Enforcement Act’s Purpose
Bridging the gaps between the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has largely eliminated many inconsistencies that existed between the UCCJA & PKPA. It has also given custodial parents more protective rights over their children and allowed for more streamlined court processes, as there is no longer any contention over what act or law to reference in child custody and kidnapping cases involving non-custodial parents.
In order to clear up the laws regarding child custody and jurisdiction, the UCCJEA established several important processes and criterion. Though the act may vary slightly from state to state, this act states the following:
- The home state of a child of a couple seeking divorce is granted jurisdiction in child custody agreements. This state is considered to be the state in which a child has lived for six months, or since birth if under the age of six months, or the state that has the most “significant connections to a child” if the child hasn’t lived anywhere for six months. In cases where two or more states have significant connections, the courts must work out between themselves which has the more significant connections.
- The custodial jurisdiction of a state continues until one of two circumstances are met: either the state determines that a parent and child no longer have significant connections with the state and there is no connection with the state, or a state determines that the child and parents do not live in the home state anymore.
- Custody orders can only be altered by states with jurisdiction
- Emergency orders can be made if a child is determined to be in immediate danger and in need of protection
Although the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) replaces the Uniform Child Custody Jurisdiction Act (UCCJA), not all states have yet adopted it. However, due to the fact that many Americans move many times throughout their lives and the frequency with which divorced partners move to different states from each other, the UCCJEA has become a critical piece of legislation, both in protecting children of a divorced couple and the rights of parents who have custody over a child.
Parental Alienation in Child Custody Disputes
The above information is designed solely to illustrate general principles of law, and does not constitute a specific legal opinion on individual cases. We suggest that you contact experienced legal counsel for a specific opinion tailored to your individual circumstances.
If your are facing an interstate custody, divorce or modification action, our experienced Family Law Layers can help you evaluate your options and zealously represent your interests. Jay Goodman & Associates offers a confidential & Complimentary consultation in our centrally located offices in Albuquerque and Santa Fe to provide you with information that can help. Call us today to schedule your free telephone consultation at 505-247-2390 to learn about your rights and options.
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