Are you in the middle of a dispute with the other parent about which jurisdiction applies in your child custody and child support case? Today, families are mixed and varied. A father may live in one city or another state while the mother lives in another city or another state entirely. These situations can make it difficult when determining which state's rules and laws apply to custody and support.
At Heritage Law Office, our child custody and child support lawyer in Minnesota knows the law and how to handle these delicate cases. We help parents resolve jurisdictional conflicts as well as other conflicts because it's in the best interest of the child. Contact us through our online form or call us directly at 414-253-8500 to schedule a free consultation.
What is the Uniform Child Custody Jurisdiction and Enforcement Act?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was created to solve the problem of multiple jurisdictions creating and modifying child custody orders. The Act only allows for one state to have the jurisdiction to create and modify any one order, and it also addresses how these orders are to be enforced in other jurisdictions. Almost all states have adopted the UCCJEA.
How Do I Initiate a Custody Petition in Minnesota
While the UCCJEA has been adopted by almost all states, the exact way to initiate a petition under the UCCJEA may vary between states. If there are multiple states involved and you wish to seek custody of a child under the UCCJEA, you will need to determine how to proceed under the laws of your state. It will typically involve filling out an affidavit and petition and filing these documents in the appropriate court.
If you have specific questions, it is best to seek the advice of an attorney in your state who has experience with the UCCJEA.
Home State Determination in Minnesota
The UCCJEA provides four bases to obtain jurisdiction with priority given to the home state. The home state is the state where the child in question lived (either with a parent of a person acting as their parent) for a minimum of six months immediately prior to the action for custody being filed.
A common challenge to a state establishing home state jurisdiction is that the child did not maintain residency in the state for the entire six months. In other words, the party challenging the finding of home state jurisdiction may maintain that the child left the state for a period of time during the six months preceding the filing of the action. In these cases, the court may determine that the time spent away from the state was a “temporary absence,” and if so, is not a valid reason to deny home state jurisdiction.
Other Jurisdictional Bases
Besides home state, the other three bases the court will consider are:
- Significant Connection: If a child and at least one parent have a significant connection to a particular jurisdiction, that jurisdiction may be the issuing state.
- More Appropriate Forum: This occurs when the home state and the state with the significant connection decline to exercise jurisdiction in a case as there is yet another state that would be more appropriate.
- No Other State: If no state can be considered the home state, or a state with a significant connection, and there is not a more appropriate forum, a state may have jurisdiction under this base.
Contact a Child Custody Lawyer for a UCCJEA Petition in Minnesota
The UCCJEA is a complicated federal act that can be difficult to understand. Hiring a lawyer to help you make sense of it all and determine the proper state of jurisdiction (as well as file your petition) is necessary to be successful. Contact Heritage Law Office by filling out our online form or by calling us directly at 414-253-8500. We will schedule a free consultation where we will review your family law issues and start resolving problems so that you and your family can move on with your lives accordingly.
Frequently Asked Questions (FAQs)
1. What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?
The UCCJEA is a uniform federal law adopted by almost all states in the U.S. It aims to resolve the problem of multiple states having jurisdiction over child custody orders. It establishes that only one state can have the jurisdiction to create or modify any particular child custody order. It further outlines how such orders are to be enforced when multiple jurisdictions are involved.
2. How Does the Home State Determine Jurisdiction in UCCJEA Cases?
Under the UCCJEA, the home state is typically given priority when determining jurisdiction. The home state is where the child has lived for a minimum of six months immediately prior to the custody action being filed. Sometimes, whether a child has spent time away from the state during these six months becomes an issue. Courts usually consider such absences as "temporary" and do not use them as a basis to deny home state jurisdiction.
3. What are the Other Bases for Jurisdiction Under UCCJEA?
Apart from home state jurisdiction, the UCCJEA provides three other bases:
-
Significant Connection: A state can claim jurisdiction if the child and at least one parent have a significant connection to it.
-
More Appropriate Forum: Sometimes, a state might decline jurisdiction if there is a more appropriate forum elsewhere.
-
No Other State: If no state can claim as either a home state or a state with a significant connection, a state may have jurisdiction under this base.
4. How Do I Initiate a Custody Petition Under the UCCJEA in Minnesota?
Initiating a UCCJEA custody petition usually involves completing specific legal documents such as an affidavit and a petition. These need to be filed with the appropriate court. The exact process may vary by state. Therefore, it's advisable to consult a knowledgeable attorney who has experience with the UCCJEA in your state.
5. Is Legal Counsel Advisable for Navigating UCCJEA?
Absolutely. Given the complexities of the UCCJEA and the significant variations in how different states interpret and implement the law, seeking legal advice is often indispensable. Experienced attorneys can help you understand the nuances of the law, assist with paperwork, and provide counsel on the most strategic way to approach your case.
If you need assistance, feel free to contact Heritage Law Office by filling out our online form or by calling us directly at 414-253-8500 to schedule a free consultation.
