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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 ...
Recognizing that most States have already developed substantial bodies of law regarding child custody determinations and enforcement, including specifically the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the NCCUSL drafted UCAPA to be compatible with and to augment existing state law.
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 ...
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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 ...
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