What is the UCCJEA?
In 1997, the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA) was enacted to address the issue of interstate or traveling children. The Act replaced the previous inconsistent UCCJEA and the PKPA. The current Act is adopted in 49 states, California included. The major change of the UCCJEA provided that jurisdiction over the child and all orders concerning the child shall lie in the child’s “home state”.
The home state is defined as the state where the child has lived with a parent for six (6) consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months). If the child has not lived in any state for at least six months, then jurisdiction will lie in a state that has “significant connections” with the child and at least one parent.
The UCCJEA also added uniform procedures to register and enforce child custody orders across state lines.
For more information on child custody issues, please call our experienced child custody and visitation attorneys at (619) 284-4113 to set up your confidential consultation.