Ads
related to: home state jurisdiction uccjea indiana gov case
Search results
Results From The WOW.Com Content Network
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. [1] The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands.
[2] For example, in Howard County, Indiana, with a population of less than 100,000, [3] the Circuit Court is a court of general jurisdiction over civil and criminal cases and exclusive jurisdiction over juvenile cases, [4] while the Superior Court 1 primarily hears criminal drug and domestic violence cases. [5]
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 ...
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 ...
If abduction appears imminent, a court may issue a warrant to take physical custody of the child, direct law enforcement officers to take steps to locate and return the child, or exercise other appropriate powers under existing state laws. A warrant to take physical custody is enforceable in the enacting state even if issued by different state.
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.
2 jurisdiction case pending. 4 comments. 3 Clarification NEEDED. 1 comment. 4 This article needs a link to the actual text of the UCCjEA. ... Uniform Child Custody ...
If a state modifies an earlier child custody order without doing so, states are not required to recognize the later order. The enactment of the Defense of Marriage Act (DOMA) in 1996 created a conflict in the case of children of a legally married same-sex couple. A state that did not recognize same-sex marriage was required by PKPA to enforce ...