Also known as: Uniform Child Custody Jurisdiction Act
Written by attorneys — see sources below.
A uniform statute that sets jurisdictional standards for child custody proceedings. The act assigns primary jurisdiction to the child's home state and limits modification of prior decrees to cases showing changed circumstances affecting the child's best interests.
Ulysses Ulrich and Ulrike Ulrich divorced in State X with Ulysses receiving primary custody of their son. Two years later Ulrike petitions in State Y for modification after the child visits her there. The court finds jurisdiction under the UCCJA but determines no material change in circumstances has occurred since the original decree. It therefore retains the prior custody arrangement without further inquiry into the child's current environment.
Ulysses Usher and Ursula Upton separate after living with their daughter in State A for four years. Ulysses moves with the child to State B while Ursula remains in State A. Both parents file simultaneous custody petitions. The State B court recognizes that the UCCJA grants continuing exclusive jurisdiction to State A as the original decree state and dismisses the petition to prevent conflicting orders.
In July 1978 respondent Susan Clay, then known as Susan Thompson, filed a petition in Los Angeles Superior Court seeking dissolution of her marriage to petitioner David Thompson and custody of their infant son Matthew. The court initially awarded the parents joint custody of Matthew. After respondent decided to move from California to Louisiana, the California court entered an order granting her sole custody of Matthew upon her departure. This order was to remain in effect until a court investigator submitted a custody report. Respondent and Matthew moved to Louisiana in December 1980. Three months later respondent filed a petition in Louisiana state court for enforcement of the California custody decree and for sole custody, which the Louisiana court granted on April 7, 1981. Two months after that the California court awarded sole custody to petitioner. In August 1983 petitioner brought this action in the District Court for the Central District of California. He requested a declaration that the Louisiana decree was invalid and the California decree valid, and sought an injunction against enforcement of the Louisiana decree. The district court dismissed the complaint for lack of subject-matter and personal jurisdiction. The Court of Appeals for the Ninth Circuit affirmed on the ground that petitioner had failed to state a claim upon which relief could be granted. The Supreme Court granted certiorari.
View caseThe act addressed jurisdictional competition among states that allowed parents to forum shop and relitigate custody after moving across state lines. It established uniform rules to promote cooperation and deter abductions by assigning clear priority to the home state.
A court with jurisdiction under the UCCJA may modify only upon a showing of changed circumstances since the original decree that affect the child's best interests. The original custodian is presumed to remain appropriate absent such proof.
Supporting sources
The UCCJA was the original uniform act but permitted concurrent jurisdiction in some cases and led to conflicts. The UCCJEA revised it to prioritize home state jurisdiction more strictly and to align with the federal PKPA.
…recognized by federal statute. See Parental Kidnaping Prevention Act of 1980, 94 Stat. 3569, 28 U. S. C. § 1738A(c)(2); see also Uniform Child Custody Jurisdiction Act, 9 U. L. A. § 3 (1988). : The Court suggests that there could be no legally effective abandonment because the parents consented to termination of their parental rights before a…