Key Takeaways:
- Given the tumultuous nature of child custody battles, one spouse or the other may resort to kidnapping.
- To address this, the Uniform Law Commissioners enacted the Uniform Child Custody Jurisdiction Act in 1968.
- Before taking effect, non-custodial parents frequently transported children across state lines.
- In 1981, Congress initiated the Parental Kidnapping Prevention Act.
- In 1997, there was yet another revision, the Uniform Child Custody Jurisdiction and Enforcement Act.
- There are significant distinctions among these three statutes, although the UCCJEA largely supersedes the UCCJA.
- These acts clear, concise basis for determining jurisdiction and discouraging multiple competing custody orders.
During a divorce, things get bitter, nasty, and downright mean. There may be hurt feelings, lingering resentments, and all kinds of acrimony. Too often, kids get caught in the middle.
When there are minor children and custody battles involved, the situation can become even more heated and intense. This is where the Uniform Child Custody Jurisdiction Act (UCCJA) and its legal descendants come into play.
What are the UCCJA, PKPA, and the UCCJEA?
All too often in situations where there are taut, strained fights over guardianship, one spouse or the other may resort to kidnapping. While not common, it may be a looming threat. To address this, the Uniform Law Commissioners created the Uniform Child Custody Jurisdiction Act, which was enacted.
Uniform Child Custody Jurisdiction Act
The UCCJA was established in 1968, and by 1981, every state had adopted it. Before taking effect, non-custodial parents frequently transported children across state lines.
They hoped to find a sympathetic court to overturn what was, in their mind, an unfair custody ruling. Enough of these cases succeeded that this type of behavior continued.
Parental Kidnapping Prevention Act
In 1981, Congress initiated the Parental Kidnapping Prevention Act with a similar goal in mind. For all intents and purposes, the PKPA was an update to the UCCJA.
Uniform Child Custody Jurisdiction and Enforcement Act
In 1997 There was yet another revision under the familiar Uniform Child Custody Jurisdiction and Enforcement Act.
This was adopted by 49 states, Guam, the U.S. Virgin Islands, and the District of Columbia. Only Massachusetts and Puerto Rico held out.
There are significant distinctions among these three statutes, although the UCCJEA largely supersedes the UCCJA. The UCCJEA largely supersedes the UCCJA.
The UCCJEA aims to establish concrete jurisdiction in custody litigation and to determine the “home state” of the child in question.
Related Reading: What Happens When the Court Appoints a Guardian Ad Litem?
How Is Jurisdiction Determined?
When determining the home state, the court considers many factors. First, and most obvious, is the child’s home state. Where he or she has resided for at least the previous six months.
In the event that the court is unable to definitively name a home state, one where the child and the parties involved have significant connections is the next option.
This may include having relatives in a particular place, or having lived there before and still maintaining connections, such as a doctor or daycare in the area.
If a child’s welfare is threatened, emergency jurisdiction may be declared by a particular state to deal with immediate, pressing issues.
Finally, if no other home state can be determined, the child’s presence in a particular state may be grounds for jurisdiction. Simply, if there is no other way to establish dominion, being there may be enough.
Related Reading: Jurisdiction: How Where You File Impacts Your Case
Why These Measures Are Necessary
As Americans became more transitory, moves from state to state became increasingly common. There was a need for measures such as the UCCJA, PKPA, and UCCJEA. This mobility affects custody disputes between parents, whether or not they are married.
In the case of separations or divorce, it’s not unusual for one spouse to relocate to another state. Perhaps for a new job, or maybe you have family in another location. It may simply be in pursuit of a fresh start.
What These Measures Achieve
There were no concrete, definitive answers to these questions prior to these acts. They address this by establishing a clear, concise basis for determining jurisdiction and discouraging multiple competing custody orders.
The biggest aim is to avoid territorial conflicts and clashes when it comes to child custody cases. This negates any potentially damaging situations for the children.
By fostering cooperation between states, and establishing jurisdiction, these measures strive to prevent parents from abducting their own offspring in the hopes of getting a more favorable custody ruling in another place.
When the state with jurisdiction in a case is definitively determined, this avoids the risk of multiple rulings with potentially conflicting results and prevents protracted custody battles across multiple jurisdictions. Such drawn-out proceedings can have a harmful influence on the children involved.
These acts also clarify the enforcement situation.
What This Means For You
How these acts affect you and your situation varies significantly from case to case. In a general sense, however, they safeguard and protect the health, interests, and overall well-being of your children.
Determining which state has jurisdiction in your case can go a long way towards streamlining the custody process and resolving any ongoing issues.
Related Reading: Enforcing a Parenting Plan