UCCJEA — Jurisdiction in Parenting and Child Custody Cases

When a relationship ends, it presents the opportunity to make life changes. For many, that change is a move to take a new job or be closer to family and friends. However, when kids and the courts are involved, a post-breakup move can create significant complications. When parents live in different states, and file parenting cases in different courts, it creates a dilemma as to which state can, and should, hear the case. And that question must be answered before the judge can make any actual decisions about the child. To resolve the dispute, the judges in those states are expected to communicate and agree on which state should hear the case. When facing this kind of situation, parents living in separate states need to know the court will look to rules in the Uniform Child Custody Jurisdiction and Enforcement Act to make this decision, the exceptions to that rule, and how both are considered and applied by the courts.

How Jurisdiction Works Under the UCCJEA

What is the UCCJEA?

Exceptions to the UCCJEA Rule

Challenging Home State Jurisdiction

The location of evidence, and of witnesses who might be called to testify about that evidence, is also a critical consideration to avoid excessive cost and inconvenience to the parties and their witnesses. Another reason for a home state to decline jurisdiction is if the child and parents have a significant relationship to the new state. For example, if the family recently relocated to a state where one or both parents have lived before, or have other long-term connections, the judges might decide that the new state is a more appropriate forum because of that history and those significant connections.

A Divorce Attorney Can Help You Decide When and Where to File

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/uccjea-jurisdiction-parenting-child-custody-cases/

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