What is the Purpose of the UCCJEA?
What is the UCCJEA?
What is the purpose of the UCCJEA?
Is the UCCJEA important in my case?
The purpose of the UCCJEA is to prevent forum shopping--one parent moving to a different state with the hopes that the custody case will be more favorable in the new state.
If you file a custody case in California, the UCCJEA is relevant. In the order for custody, the judge must make a finding that the minor child's home state is the state of California.
What happens if after a judgment in California is entered, my children and I move to a different state?
If I live in California, but my spouse and kids do not live in California, can I file for custody in California?
In what circumstances does a California court have jurisdiction of custody?
When one parent moves to a different state and has custody, California will continue to have jurisdiction over custody issues which means that any modifications in custody will be heard in California unless California relinquishes jurisdiction.
Even if a parent of a minor child lives in the State of California, California does not automatically have the ability--also known as jurisdiction--to make an order regarding custody. If the minor child lives outside of the State of California, the California court may not determine the best interest of the minor child as to visitation, because California is not the home state of the child.
California Family Code §3402
requires a child to live in the home state consecutively for six months before the state has jurisdiction to enter an order on a child custody matter.
California can exercise jurisdiction over child custody matters in three instances:
- California is the minor child’s home state,
- the child’s home state does not have jurisdiction, or
- the home state declined jurisdiction in favor of California.