What rules will apply to a child custody dispute in the case of parents living in different states? What determines jurisdiction? What if a parent has relocated before the child custody hearing?
Because child custody laws vary from state to state, it can be difficult to determine what rules will apply to a specific issue. To shed light on this, there’s the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This act, which has been adopted by 49 U.S states, provides key guidelines that can serve as a guide when determining what determines jurisdiction. There are four key elements that should be considered when determining jurisdiction, according to the UCCJEA. These are (1) home state, (2) significant connection, (3) more appropriate forum, and (4) lack of other state jurisdiction.
Things can get even more complicated if one parent has already moved locations before the child custody hearing. It’s best to seek professional legal help from a family law attorney that has extensive experience with the UCCJEA and can help you understand how it applies to your case. Consult with a family law attorney today to know if your state’s laws or another state’s laws should be factored in when working through the details of your out-of-state custody case.