Understanding and Using
The Uniform Child Custody Jurisdiction
& Enforcement Act
As military families, we move. A lot. So what do you do when the time comes to enforce or modify your custody order and one or both of you don’t live in the same state anymore? Where do you go? The first thing you need to figure out is which state has jurisdiction over your case.
Jurisdiction is the “power of a court to adjudicate cases and issue orders.” When both parents live in the same state, jurisdiction is really easy. But when parents live in different states or they move, it can get complicated. Luckily, every state, except Massachusetts, and every territory, except Puerto Rico, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)(pronounced YOU-SEE-JAH).
UCCJEA dictates which state has jurisdiction in situations where there are parents in multiple states. So, if you are trying to figure out where to file your case, modify your order, or enforce your order and you don’t know which state to go to, UCCJEA will help you. And since nearly state follows it, you don’t have to worry about reading laws from multiple states.
The UCCJEA vests "exclusive [and] continuing jurisdiction" for child custody litigation in the courts of the child's "home state". Let’s break that down:
First, UCCJEA, as the name states is a “uniform” law. Uniform” means that the law was drafted by a committee specifically designed to create uniform laws for states to adopt.[1] In some cases, that’s bad, but when it comes to child custody it is really really good. Without a uniform law a parent that loses custody in California could just kidnap their kid, move to Pennsylvania and fight for custody all over again. UCCJEA means that each state will enforce the other states rulings so this can’t happen.
“Exclusive and continuing jurisdiction” means only that state has jurisdiction (or the power to make decisions about the case) and that that power will continue until either:
That court determines that neither the child, the child's parents, nor any person acting as a parent has a significant connection with the State that made the original order and that substantial evidence is no longer available in the State concerning the child's care, protection, training, and personal relationships, or
That court or a court of another State determines that the child, the child's parents, and any person acting as a parent do not reside in the State that initially made the child custody order.
The child’s “Home state” means the state where the child has lived with a parent for six 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 a court in a state that has:
"Significant connections" with the child and at least one parent and
"Substantial evidence concerning the child's care, protection, training, and personal relationships" may assume child-custody jurisdiction.
If more than one state has "significant connections" and "substantial evidence...", the courts of those states must communicate and determine which state has the most significant connections to the child.
Example (One parent moves):
Charlie and Jess have a custody agreement from MS which grants primary custody to Jess. Charlie then moves to OH. MS is going to maintain jurisdiction over the case because the child’s “home state” is going to continue to be MS.
Same situation, but Charlie has primary custody of the child. Once the child has lived in Ohio for six months, Ohio will become the child’s new “home state”, but because Jess remains in MS, MS continues to have exclusive continuing jurisdiction over the case. Charlie can attempt to have the case moved to Ohio, but will have to convince MS that it is no longer practicable for MS to continue handling the case despite the fact that one parent still lives in MS.
Example (Both Parents Move): If both parents move out of state, then you will have to determine what is the child’s new home state. If the child hasn’t lived anyplace for six months, then the states will get together and discuss which state is appropriate based on the criteria listed above.
Note: When it comes to UCCJEA, it is never a "race to file". The courts don't care who files first. They will decide which state takes the case based on the above criteria, NOT based on who got the paperwork in first!
Ok, great. That’s a lot of law, so what do you actually have to DO to enforce your order in another state?
When you move and you need a different state to enforce your order the first thing you need to do is register your order. The UCCJEA also added uniform procedures to register and enforce child-custody orders across state lines. It really isn’t very hard to register your order. Do this right away and don’t wait. It will take a little time and if something happens and you need your order enforced you won’t want to wait for this (many police departments will NOT enforce your order unless it has already been registered with the state!).
Register your case right away! Don't wait till there is a problem!
So how do you register?
You really shouldn’t need an attorney to get this done. First, you are going to need a certified copy of your court order from your original state. Certified copies typically have a raised or embossed seal and cost around $25 a copy. They can take a few weeks to get your hand on. It’s best to always keep one or two of these on hand just in case.
Once you have the certified copy, you can register. Figure out which county you or your coparent live in. In most states and counties, you should be able call the country clerk’s office in the family law division (it might be called something different) and ask: “how do I register a custody order from another state”, sometimes called a “foreign order”. They should walk you through what to do. You can also likely google how to register an order in your or your coparent’s new state. Search: “how to register a custody order in COUNTY, STATE”. When we moved to Virginia and registered our order with Fairfax County in Virginia, we were shocked how kind and helpful they were when we called and asked questions. We did have to wait a few weeks for an appointment to get it completed.
It shouldn’t be too expensive to register your order, but it will cost you a little money for a filing fee. Once your order is registered you will need to have it served on the other parent which may add an additional cost. In Virginia, the court actually will do it for you (again we were shocked, but very grateful)! In the end you will end up with your original order stamped with a case number in your new state. This is what you need to enforce your order in your new state!
Important Note: Registering your case DOES NOT change the continuing exclusive jurisdiction of the original court. It simply means that the order can be enforced in the new state. If you want the “exclusive and continuing jurisdiction” to move, then you must meet the criteria listed above.
Example: So, let’s say Susan and Tony have a custody order from California and Tony moves to Montana. Susan sends the kids to Montana for Christmas and Tony is supposed to return the kids on December 28th, but Tony doesn’t. He is refusing to send the kids back. Susan calls the local police department and shows them the California custody order, but the police won’t do anything! Why? She has to register the custody order with Montana. Then the police will enforce the order and help her get her kids back (sadly she is likely going to have to fly to Montana, we will talk about contempt later). Since Susan never registered the order, she is going to have to wait until the Court registers her order to get it enforced. This could take weeks! How do you avoid this? Get your order registered right away!
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[1] The committee is called the Uniform Law Commission (ULC), or the National Conference of Commissioners on Uniform State Laws. The ULC is a non-profit made up of lawyers from every state and territory. Together, their mission to draft legislation which can be adopted across the U.S. states and territories to bring clarity and stability to critical areas across jurisdictions where uniformity is desirable and practical. Read more about them here.
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