The Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 45 U.S. States, the District of Columbia and the U.S. Virgin Islands. As of August 1, 2006 the only states that have not adopted the UCCJEA are: Indiana, Missouri, Massachusetts, South Carolina, and Vermont. Puerto Rico has also not adopted the Act. In the US, a Uniform Act is an act proposed by the Uniform Law Commissioners, more formally known as the National Conference of Commissioners on Uniform State Laws, a body of lawyers and other professionals who work for the standardisation of U.S. state laws in the United States of... The National Conference of Commissioners on Uniform State Laws (NCCUSL) is a non-profit unincorporated association in the United States that consists of commissioners appointed by each state and territory. ... 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      A state of the United States is any one of the fifty subnational entities referred to... ... Official language(s) English Capital Indianapolis Largest city Indianapolis Area  Ranked 38th  - Total 36,418 sq mi (94,321 km²)  - Width 140 miles (225 km)  - Length 270 miles (435 km)  - % water 1. ... This article does not cite its references or sources. ... This article is about the U.S. State. ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Greenville-Spartanburg-Anderson Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32°430N to 35... Official language(s) None[1] Capital Montpelier Largest city Burlington Area  Ranked 45th  - Total 9,620 sq mi (24,923 km²)  - Width 80 miles (130 km)  - Length 160 miles (260 km)  - % water 3. ...

The UCCJEA vests exclusive and continuing jurisdiction over child custody in the courts of the child's home state, which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth, for children younger than six months). If the child has not lived in any state for at least six months, then a court that has "significant connections" with the child may assume child-custody jurisdiction. If more than one state has "significant connections" with the child, the courts of those states must communicate and determine which state has the most significant connections to the child. Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parents duty to care for the child. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ...

The UCCJEA replaced the previous Uniform Act the "Uniform Child Custody Jurisdiction Act", primarily because the old act was inconsistent with the federal Parental Kidnapping Prevention Act when determining proper jurisdiction for initial custody determinations. The UCCJEA corrects these problems. The UCCJEA also added a uniform procedure to register and enforce child-custody orders across state lines. The federal Parental Kidnapping Protection Act (PKPA), is an Act of Congress signed into law in 1980. ...

Initial custody determination

To determine which state has proper jurisdiction to make an initial determination of child custody, the UCCJEA proceeds in the following order of priority:

1. The state which is currently the "home state" of the child, or was the child's home state within six months immediately before the commencement of child custody proceedings if the child is absent from the state, but a parent or person acting as a parent continues to live in the state;

2. If no state has jurisdiction under #1, then jurisdiction is proper where the child and at least one parent have a significant connection with the state (other than mere presence), and substantial evidence concerning the custody determination is available in the state;

3. If no state has jurisdiction under #1 or #2 above, jurisdiction is proper in any state having an appropriate connection with the child.

A state having jurisdiction under #1 or #2 above may decline to exercise its jurisdiction, and transfer it to another state if it is more convenient for the parties, or if one of the parties has engaged in misconduct necessitating a change.

"Home state" is defined as the "state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period."

For example, young Chris has lived in Iowa with his mother and father for the last three years. If the father moves to Minnesota, but Chris remains in Iowa, then Minnesota will not have jurisdiction to determine custody over Chris. Iowa is the only state that can determine custody at this point.

Continuing jurisdiction

Once a state court has made a custody determination, that state keeps jurisdiction over all matters concerning that child, unless:

1. A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state, and evidence concerning the child's custody determination is not available in the state;

2. A court of the state with jurisdiction, or any other state, determines that the child and both parents or acting parents do not reside in the state any longer.

Continuing the example above, Chris and his mother move to Minnesota, and live there for more than six months. Now the Minnesota courts may determine custody over Chris.

Modification of custody determination

Once a custody determination has been made, a court of another state does not have authority to modify the determination, unless the state with jurisdiction determines that it does not have jurisdiction as noted above, or any state court determines that the child, parents, and any acting parents do not reside in the state which currently has jurisdiction.

Continuing the example, Chris' mother gets custody of Chris in the Minnesota courts, and the dad moves to Arkansas. If Chris spends the summer with his dad in Arkansas, his dad cannot go to the Arkansas courts and attempt to modify custody - Minnesota has continuing jurisdiction.

Emergency orders

A state which does not otherwise have jurisdiction may enter a temporary emergency order, if the child is in danger and needs immediate protection. After issuing such order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time period for the parties to return to the state having jurisdiction, and argue the issues to the court with jurisdiction.

If there is no previous child custody order in existence, the emergency court's order will remain in effect until a determination is made in a court having "home state" jurisdiction over the child. If no determination is made, and the emergency court's state becomes the home state of the child, the emergency order becomes a final determination of custody.

External links

• Full text of UCCJEA
• Minnesota Bar article analyzing UCCJEA and constrasting with old act
• Comparison of UCCJA and UCCJEA section-by-section