The Uniform Child Custody Jurisdiction Act in Florida
The Uniformed Child Custody Jurisdiction and Enforcement Act (UCCJEA), originally drafted in 1968 by the National Conference of Commissioners on Uniform State Laws (NCCUSL), is the legislation utilized to determine how courts in all 50 states will make determinations in child custody disputes. In the state of Florida, the UCCJEA has been codified into the state statues under Title VI Chapter 61 Part 2 Sections 61.501-61.542. This act has been modified over the years to keep in line with issues of child abduction and enforcement.
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Origins
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In 1968 the National Conference of Commissioners on Uniform State Laws (NCCUSL) prepared the Uniformed Child Custody Jurisdiction and Enforcement Act (UCCJEA). This created uniformed procedures that could be enacted in all states to avoid interstate custody conflicts where parents reside in different states.
Purpose
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The UCCJEA was structured in part to address the estimated annual quarter-million reported cases of parental kidnapping. This act also establishes the terms of jurisdiction of the state in which the child resides, if different from the birth state, in which the other parent may still reside. Before the passing of this act it was difficult for states to preside over custody cases where there were interstate custody issues.
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Jurisdiction
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Once a state makes a custody determination, that state maintains jurisdiction over all matters relating to the child unless the jurisdictional state determines that the child or the child and parent do not have a significant connection to the state, or the state with jurisdiction determines that both parents and child no longer live in the state.
Child Abduction
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The UCCJEA was revised in 1997 to ensure that it was in compliance with the Parental Kidnapping Prevention Act (PKPA) of 1980. The revision added protective measures for children abducted by a parent and taken across state lines. The desire for the UCCJEA to coincide with the code defined in the PKPA is one of the primary reasons for the 1997 revision.
Enforcement
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All states must recognize and enforce determinations made by jurisdictional states. Florida utilizes its state codes to comply with the previous determination made by the jurisdictional state. In cases of parental kidnapping, the act goes to great lengths to outline the details of returning the kidnapped child and also in the inclusion of law enforcement to apprehend the parent who has abducted the child. A Warrant for Return of Child, Child Pickup Order or state equivalent will be filed once the child is located.
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