An Overview of the Uniform Child Custody Jurisdiction and Enforcement Act

By: William F. Berglund, Esq.

 The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) recognizes that multi-state custodial Issues arise because of our mobile society. Child custody disputes between parents can involve more than one state. One parent may live in a state different than the state in which the other parent and a child or children reside.

When that occurs, and a legal dispute arises between the parents, more than one state may seek to exercise the power (jurisdiction) to decide that custodial dispute. The purpose of the UCCJEA is to ensure that only one state at a time handles a custody matter. The UCCJEA provides the method by which the proper jurisdiction for multi-state child custody disputes is determined.

The “home state” of the child or children is given priority and the first opportunity to take jurisdiction over the issue. The home state is defined as the state where the child or children lived with a parent for at least the six consecutive months before the custody proceeding was commenced, or since the birth of a child who is not yet six months old.

The state which makes the original custody order maintains jurisdiction if the child or children and one parent still live there and have a significant connection to the state. In an emergency, any state can step in temporarily and render a custodial decision/order to protect an endangered child. That temporary jurisdiction continues only until the home state can take over.

The UCCJEA has been adopted by every state, except Massachusetts. A multi-state custody dispute in which one of the states involved is Massachusetts will have an extra layer of complication.

When a child custody matter spans more than one state, it is essential to have legal representation that is familiar with and adept at navigating the inherent complexities. The family law attorneys at O’Connell & Aronowitz are ready and able to advise and represent you. Call us at (518) 462-5601 or visit Contact Us to schedule a consultation.