The increase in mobility among the citizens of the United States of America created a need under the rule of law to better govern the important area of family law involving child visitation and custody where parents reside in two states.
The United States Uniform Child Custody Jurisdiction and Enforcement Act (CCJEA) (1997) “limits child custody jurisdiction to one state, avoiding competing orders, and provides enforcement provisions for child custody orders,” according to the National Conference of Commissioners on Uniform States Law ( NCCUSL), the uniform act’s drafting body.
Interstate Custody and Visitation State Laws
To bring the CCJEA into compliance with the federal Parental Kidnapping Prevention Act, the NCCUSL revised the 1968 Uniform Child Custody Jurisdiction Act (UCCJA) which was adopted in every state. The CCJEA requires that legal actions regarding custody be filed in the home state of the child and has been adopted by 48 states, the District of Columbus and the U.S. Virgin Islands. Massachusetts and Vermont introduced the CCJEA in 2009.
The home state of the child is generally defined as the state of physical residence of the child for the previous six months. Time residence requirements may be waived for emergency exceptions. The dispute resolution forum for CCJEA family law proceedings may include the home state court or arbitration, mediation, conciliation, or other dispute resolution forum in the home state.
While the original legislation language for the CCJEA was drafted by the NCCUSL and approved by the American Bar Association (ABA) for enactment in each state, it is within the jurisdiction of each state to opt-in to any of NCCUSL’s proposed uniform laws. Additionally, a state may modify the proposed act to conform to aspects of the state’s common law before adoption.
The Marital Dissolution Agreement, Parenting Plan, and Divorce Decree
The CCJEA may apply to parents with children whether they are married, legally separated, or unmarried. Resolved spousal legal disputes involving children are often bound by agreements and court orders contained in marital dissolution agreements (MDA), parenting plans, and divorce decrees – typically a combination thereof. The issue that may arise when one parent moves to another state is where will the agreements and court decree be enforced.
The CCJEA may apply whether contained in a formal parenting plan or if the custody and visitation rights are set forth in the court’s final decree. Accordingly, a local family law lawyer should be consulted in proceedings involving interstate jurisdiction.
Types of Custody Rights
If a CCJEA home state proceeding is properly filed, the non-residential parent is then required to submit to the child's home state forum to resolve the custody and visitation issues. This includes such proceedings as child visitation, custody modification (may include temporary or emergency custody proceedings), as well as child support and child support modification proceedings.
Additionally, termination of parental rights and guardianship proceedings by non-parents (such as those exercising grandparent's rights) may also be subject to the CCJEA.
General Disclaimer: This article is for informational purposes only and should not be used as a substitute for tax or legal advice.
Vanessa Cross - Vanessa Cross is a freelance writer who writes about international trade, business law and small business development issues.
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