Also known as: Uniform Child Custody Jurisdiction and Enforcement Act
Written by attorneys · grounded in primary & secondary sources — see below
A uniform statute that establishes jurisdictional standards for initial child custody determinations and for enforcement and modification of custody orders across state lines. The statute prioritizes home state jurisdiction and provides rules for continuing exclusive jurisdiction in the state that rendered the initial decree.
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Uriel Urban files an adoption petition in County C after caring for the child in County D for several years. Because the UCCJEA excludes adoption proceedings, the court cannot rely on the Act's home state or significant connection rules. The court must instead apply the state's separate residency statute for adoption venue and consider whether prior dependency proceedings in another state affect the filing.
Ursula Upton obtains a custody decree in State A. Two years later she relocates with the child to State C. The other parent remains in State A and files a modification petition there. Under the UCCJEA the State A court retains continuing exclusive jurisdiction because the child and at least one parent still have a significant connection with State A and substantial evidence remains available there.
The UCCJEA gives priority to home state jurisdiction. A state is the home state if the child has lived there with a parent or person acting as a parent for at least six consecutive months immediately before the proceeding begins.
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A state loses continuing exclusive jurisdiction when it determines that neither the child nor the child and one parent have a significant connection with the state and that substantial evidence is no longer available there, or when a court determines that the child, the parents, and any person acting as a parent no longer reside in the state.
…Indian”).[^maj-29] The majority’s interpretation of ICWA is also inconsistent with the views of 18 States that have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a uniform act designed to avoid jurisdictional conflicts between States in child custody proceedings. See Uniform Child Custody Jurisdiction and Enforcement Act §101…
…alleging, among other things, that the Alabama trial court lacked jurisdiction to make a child
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Yes. A court may issue a temporary enforcement order to give practical effect to a vague visitation provision in the out-of-state order, provided the order is time-limited and leaves substantive modification authority with the issuing court.
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No. The UCCJEA expressly excludes adoption. Most states therefore either added adoption to the UCCJEA's coverage or adopted the jurisdictional provisions of the Uniform Adoption Act to fill the resulting gap.
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The petition and order must be served by a method authorized by state law on both the respondent and any person who has physical custody of the child. Proper service on the respondent alone is sufficient when that person is also the physical custodian.
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