Uniform Child Custody Jurisdiction & Enforcement Act an analysis by a Texas Child Custody Lawyer

Описание: What do you do when, in a battle for custody or possession, one party resides in one state and the other party and the child reside in another? Which state has jurisdiction? How do we avoid courts in each state making rulings, rulings likely to conflict at least in part?
Should the rules for determining jurisdiction be different if a party is trying to modify a previous order? How about if a party is trying to enforce a previous order?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs these issues. The UCCJEA should be interpreted to avoid jurisdictional competition and conflict with courts of other States, to promote cooperation with the courts of other States, to discourage the use of the interstate system for continuing controversies over child custody, and to deter abductions of children. Powell v. Stover, 165 S.W.3d 322, 326 (Tex. 2005) (quoting Uniform Child Custody Jurisdiction & Enforcement Act § 101 cmt., 9 U.L.A. 657 (1999)). The UCCJEA achieves this purpose by prioritizing home-state jurisdiction, which helps to avoid the jurisdictional competition and conflict that result when courts in different states determine jurisdiction based on subjective factors. Id. The UCCJEA provides the rules by which courts around the nation can determine which state, district, territory, or nation should exercise jurisdiction in child custody proceedings. Each state, plus the District of Columbia, Guam, the U.S. Virgin Islands, and Puerto Rico, has adopted the UCCJEA. Through uniform rules, the UCCJEA creates a mechanism for tribunals of different jurisdictions to determine which should hear the suit. The UCCJEA further addresses federal enactments and prior, inconsistent case law.

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