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Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
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Flashcards
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Simultaneous Proceedings
When custody proceedings are happening in more than one state at the same time, UCCJEA has protocols in place to determine which state has the proper jurisdiction to avoid conflicting orders.
Home State
Under UCCJEA, the home state is defined as the state where the child has lived with a parent for at least six consecutive months immediately before the commencement of the child custody proceeding.
Information to Determine Jurisdiction
A party to a child custody proceeding must provide the court with information regarding the child’s present address, the places where the child has lived, and information concerning any other custody proceedings involving the child.
Significant Connection Jurisdiction
A basis for jurisdiction if the child and at least one parent have a significant connection to the state and there is substantial evidence concerning the child's care, protection, training, and personal relationships in that state.
UCCJEA
A uniform law designed to deter interstate parental kidnapping and promote uniform jurisdiction and enforcement provisions in child custody and visitation cases.
Notice and Opportunity to Be Heard
The UCCJEA requires that all parties are given proper notice of the custody proceedings and an opportunity to be heard, to ensure fair and informed decision-making.
Jurisdiction to Modify Custody Order
A court has jurisdiction to modify a custody order if it has jurisdiction to make an initial determination or if it is the court of the child's home state or state with a significant connection.
Enforcement of Custody Order
Under UCCJEA, a custody order from another state can be enforced as long as it meets the Act’s jurisdictional standards and the court has properly recognized and registered the order.
Emergency Jurisdiction
A temporary jurisdiction granted when a child is present in a state and needs protection because they have been subjected to or threatened with mistreatment or abuse.
Exclusive Continuing Jurisdiction
A legal principle under the UCCJEA where the court that made the initial custody or visitation order retains the sole authority to decide on subsequent modifications unless it relinquishes jurisdiction.
Best Interest of the Child
This standard determines which custody arrangements will best serve the child's health, safety, and welfare, and is the prevailing consideration in UCCJEA determinations.
Jurisdiction Declined by Reason of Conduct
Under UCCJEA, a court can decline to exercise its jurisdiction if it finds that a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, such as abduction or improper retention of a child.
Declining Jurisdiction
A court's decision to not exercise its jurisdiction because another state is the more appropriate forum or if a party has wrongfully taken the child from another state.
Initial Child Custody Jurisdiction
The UCCJEA gives exclusive and continuing jurisdiction for child custody litigation to the courts of the child's home state or the state with a significant connection.
Appearance of Parties
Under the UCCJEA, physical presence of the parties or child is not required for a court to make a custody decision, but adequate notice and an opportunity to present evidence and argument must be given.
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