UCCJEA: Multi-Jurisdictional Cases
The UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) is used to determine which state has authority over custody and visitation cases in multi-state disputes. Adopted by 49 states, including New York, it prevents parents from relocating to a state for a more favorable custody outcome.
Initial Custody Determination and “Home State”
For an initial custody determination, jurisdiction lies in the child’s home state, or the state where the child lived for at least six months before the proceedings began. If no state qualifies, jurisdiction will be in the state where the child and at least one parent have significant connections.
Example: Alec and Orly’s daughter, Nili, was born and lived in New York. If Alec moves to California, New York will maintain jurisdiction for custody if Orly files before Nili has been in California for six months.
In cases where a child has lived outside the U.S. for over six months, a foreign country can also be considered the home state.
Example: Nili, born in Israel, lived in New York for six years before moving back to Israel with Orly. After nine months in Israel, Orly files for custody there. Israeli courts will have jurisdiction as Nili has lived there for more than six months.
Jurisdictional Exceptions
New York may decline jurisdiction if another state is better suited to decide the case. Factors like the location of evidence, witnesses, and issues of domestic violence are considered. A state can also exercise temporary emergency jurisdiction if the child faces abandonment, abuse, or harm. Additionally, if one parent engages in unjustifiable conduct (e.g., removing the child without notice), the home state may refuse jurisdiction.
Example: If Orly took Nili to Israel without informing Alec, New York could decline jurisdiction under the “unjustifiable conduct” rule.
UCCJEA Modification Jurisdiction
Once a state has issued a custody order, it retains exclusive, continuing jurisdiction to modify it, unless the state no longer has a significant connection or both parents and the child no longer live there. A state may also decline jurisdiction if it determines it is an inconvenient forum or if the modification request arises from unjustifiable conduct.
International Considerations
If a child has lived outside the U.S. for more than six months, a foreign country can be considered the child’s home state under the UCCJEA.
Example: In the case of Nili, if she has lived in Israel for over six months, Israeli courts will have jurisdiction even though Alec may wish to file in New York.
Important Considerations
Jurisdictional matters can be time-sensitive and complex, especially when multiple states or foreign countries are involved. If you suspect the other parent might move with your child, it’s essential to consult an attorney immediately to avoid jurisdiction issues and prevent additional costs. For both initial custody and modification cases, working with an experienced family law attorney is crucial to ensure the correct jurisdiction handles your case.
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