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The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation 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 before the commencement of the proceeding (or since birth for children younger than six months).
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) requires states to apply the law of the "home state;" that is, the forum which originally determined custody and maintenance. A state court will only apply its own law when no parent retains a connection with the original jurisdiction and when substantial evidence is available ...
Divorce laws allow the parents to file the divorce in either state. However, custody laws only allow jurisdiction to exist in the state where the child or children reside. In 1997 the Uniform Child Custody Enforcement Jurisdiction Act (UCCJEA) was created to address the question of which state has jurisdiction over a child custody case. The ...
Jurisdiction normally arises from the presence of the children as legal residents of the nation or state where a custody case is filed. [18] However, some nations may recognize jurisdiction based upon a child's citizenship even though the child resides in another country, or may allow a court to take jurisdiction over a child custody case ...
Every U.S. state has adopted either the 1996 or a later version of UIFSA. [5] Whenever more than one state is involved in the establishing, enforcing or modifying a child or spousal support order, the act is implemented to determine the jurisdiction and power of the courts in the different states.
The Parental Kidnapping Prevention Act (PKPA; (Pub. L. 96–611, 94 Stat. 3573, enacted December 28, 1980; 28 U.S.C. § 1738A) is a United States law that establishes national standards for the assertion of child custody jurisdiction. The Act gives preference to the home state in which the child resided within the past six months for the ...
2 jurisdiction case pending. 4 comments. 3 Clarification NEEDED. 1 comment. 4 This article needs a link to the actual text of the UCCjEA. Toggle the table of contents.
The constitutional grant of original jurisdiction to the Supreme Court cannot be expanded by statute. In the case of Marbury v. Madison, [4] the newly-elected president, Thomas Jefferson, ordered his acting Secretary of State not to deliver commissions for appointments that had been made by his predecessor, John Adams.