Legal Definitions - Uniform Child Custody Jurisdiction and Enforcement Act

The Uniform Child CustodyJurisdiction and Enforcement Act (UCCJEA) is a law adopted by nearly all U.S. states to prevent jurisdictional conflicts and ensure that child custody orders can be consistently recognized and enforced across state lines. Its primary goals are to determine which state has the authority (jurisdiction) to make initial child custody decisions, to prevent parents from moving children to different states to seek more favorable court rulings (often called "forum shopping"), and to provide clear procedures for enforcing custody orders made in one state by courts in another state.

The UCCJEA establishes rules for:

• Initial Jurisdiction: Typically, the "home state" (where the child has lived with a parent for at least six consecutive months immediately before the custody proceeding began) has the authority to make the initial custody determination.
• Exclusive, Continuing Jurisdiction: Once a state makes an initial custody order, it generally retains exclusive, continuing jurisdiction to modify that order unless certain conditions are met, such as both parents and the child moving out of the state.
• Enforcement: It provides mechanisms for a custody order issued in one state to be registered and enforced in another state.

Here are some examples illustrating how the UCCJEA applies:

• Example 1: Determining Initial Jurisdiction After a Move

  A couple, Maria and David, and their two children live in Arizona for five years. They decide to move to Colorado for David's new job. After living in Colorado for seven months, Maria and David separate, and Maria decides to file for divorce and child custody in Colorado. David, however, believes Arizona would be more favorable and tries to file a custody petition there. Under the UCCJEA, Colorado would be recognized as the children's "home state" because they have lived there with a parent for more than six consecutive months immediately before the filing. Therefore, the Colorado court would have the jurisdiction to make the initial child custody determination, preventing David from trying to litigate the case in Arizona.

• Example 2: Preventing Parental Abduction and Ensuring Enforcement

  Sarah and Tom have a custody order from a New York court granting Sarah primary physical custody of their daughter, Emily. One summer, Tom takes Emily for his scheduled visitation but, instead of returning her to New York, he moves with Emily to Florida without Sarah's knowledge or consent, hoping to get a new custody order in Florida that favors him. Sarah can use the UCCJEA to register her New York custody order in Florida. The Florida court, recognizing the New York court's continuing exclusive jurisdiction, would enforce the existing New York order and would not typically entertain Tom's attempt to modify custody unless New York relinquished jurisdiction. This mechanism allows Sarah to quickly seek Emily's return and enforce the original custody arrangement in Florida.

• Example 3: Modifying an Existing Order When Parents Live in Different States

  Michael and Lisa divorced in Texas, and the Texas court issued a custody order for their son, Alex. Several years later, Michael moves to California, and Lisa remains in Texas with Alex. Alex is now a teenager and wants to spend more time with his father in California. Michael wants to petition the court to modify the existing custody order. Under the UCCJEA, the Texas court would generally retain "exclusive, continuing jurisdiction" to modify its original order because Lisa and Alex still reside in Texas. Michael would typically need to file his petition to modify the custody order in Texas, rather than in California, unless the Texas court determined that neither Alex nor a parent continued to reside in Texas, or that Texas was no longer a convenient forum.