How to Understand Interstate Custody Laws

All states are governed by the Uniform Child Custody Jurisdiction Act (UCCJA), a law that determines which state can make custody decisions.

Instructions

Difficulty: Moderate

1. Understand that all the states and the District of Columbia are governed by the UCCJA.
2. Realize that this law sets out the rules that determine which state can hear a custody case and helps clear up a lot of the confusion that used to exist when two states could make custody decisions involving the same child. Under this law, states must try to cooperate with one another and must recognize and enforce the custody orders of other states.
3. Know that a state can hear a custody case if the child has resided in the state for at least six months. If the state was the child's home state within the last six months but the child was removed from the state by one of the parents, the state that the child was removed from can still hear the case.
4. Recognize that if there are significant connections in the case to a state or if there is significant evidence in the state that will apply to the case, the state may also hear the case.
5. Realize that if the child is in the state and has been abandoned or there is an emergency, the state may also hear the case. A state may also hear the case if there is no other state that could hear it or if any other possible states have declined to hear the case.
6. Know that once a court takes jurisdiction, no other state can do so. For example, if a custody case is pending in Texas, another one cannot start in South Carolina.
7. Be aware that if a parent begins a custody case in one state and the other parent is in another state, the parent who filed the case may have to pay the other parent's traveling expenses, as well as those of the child, if the child is traveling also.
8. Remember that as with all court appearances, both parents are to be given notice of the case and the opportunity to present their sides of the story.

Tips & Warnings

• Hire an attorney in the state the case is pending in if you are involved in an interstate custody case.