Uniform Child Custody & Jurisdiction Act

Child custody laws evolve to serve the needs of children.

To address interstate custody disputes and the issue of parental kidnapping across state lines, the Uniform Child Custody Jurisdiction and Enforcement Act has been adopted. Child custody jurisdiction is limited to one state through this act. The act clarifies child custody and removes the term "best interests" in favor of consistent and clear standards between states regarding child custody.

Identification

Article 5-A of the Domestic Relations Law comprises the Uniform Child Custody Jurisdiction and Enforcement Act. There are four titles within Article 5-A. These include Title 1, which is general provisions, Title 2, which outlines jurisdiction, and Title 3, which makes up the enforcement part of the act.

History

The Uniform Child Custody Jurisdiction and Enforcement Act was enacted in all 50 states along with the District of Columbia and the Virgin Islands as of 1969. Interstate custody issues were addressed through the Parental Kidnapping Prevention Act in 1980. According to the New York Divorce and Family Law website, the Uniform Child Custody Jurisdiction Act was repealed effective April 28, 2002. "The Uniform Child Custody Jurisdiction and Enforcement Act applies to all actions and proceedings commenced on or after April 30, 2002," the website says.

Significance

According to New York Divorce and Family Law, "the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act is to revise the Uniform Child Custody Jurisdiction Act to bring the Uniform Child Custody Jurisdiction Act into compliance with the Parental Kidnapping Prevention Act and other federal statutes such as the Violence Against Women Act, as well as to make those changes to the Uniform Child Custody Jurisdiction Act which are necessary as a consequence of inconsistent court interpretations."

Function

Child custody jurisdiction is limited to one state through the act, along with the enforcement of child custody orders. The UCCJEA aims to resolve interstate custody disputes.

Benefits

The act allows for clearer standards regarding child custody and visitation. The act provides for the enforcement of visitation and custody orders entered in a different state. If there is concern that a parent will harm or flee with a child, a remedy to physically remove the child is available.

References

• New York Divorce and Family Law: Uniform Child Custody Jurisdiction and Enforcement Act
• Uniform Law Commissioners: Uniform Child Custody Jurisdiction and Enforcement Act
• Bench & Bar of Minnesota: Determining Child Custody Across Jurisdictions