Domestic Child Custody Laws and Jurisdictional Challenges

If you are going through a divorce or separation and are considering moving out of state with children, you might be wondering which state would have child custody jurisdiction. Jurisdiction is the power that a court of law has to carry out legal judgments or to enforce laws. Notably, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that determines which court has the authority to hear a child custody matter when more than one state is involved. It helps to ensure that there will not be multiple and conflicting custody orders issued by different jurisdictions. Not only does this law cover initial custody determinations, but it also applies to future modifications of an existing custody order.

What is the UCCJEA?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that was adopted by 49 states (all except Massachusetts), Washington D.C., Guam, and the U.S. Virgin Islands. It establishes guidelines and parameters that courts in all jurisdictions must follow regarding child custody matters. The law is meant to provide uniformity and prevent parents from forum shopping to find what they believe to be a more favorable jurisdiction to hear the child custody matter. Under the UCCJEA, the “home state jurisdiction” is the basis for determining child custody matters.

One of the most important features of the UCCJEA is that it enforces custody determinations made in one state across multiple jurisdictions. Courts in other states are required to enforce valid custody orders to ensure consistency — rather than modify them. When seeking modification, the state that issued the original order would have the power to modify the custody order unless the child no longer has a significant connection with that particular jurisdiction.

Determining Which State Has Jurisdiction Over Child Custody

The UCCJEA provides that the child’s “home state” has child custody jurisdiction. While two states cannot have jurisdiction at the same time, a court would evaluate several factors to determine which state is the child’s “home state”. Generally, the state where the child lived with the parent for six (6) months prior to the custody proceeding would have jurisdiction over a custody matter. However, if a child is less than six (6) months old, the home state is the jurisdiction in which the child has lived since they were born. This law ensures that child custody determinations occur in a state where the child has the most significant connection.

If no jurisdiction qualifies as the “home state”, child custody jurisdiction may be established in the state where the child and at least one parent have a significant connection. In such instances, there must be substantial evidence about the child’s care, protection, training, and personal relationships.

Where Can Child Custody Orders Be Modified?

The state that issued the original child custody order typically retains jurisdiction over the matter. However, the court of original child custody jurisdiction may determine that another state may be the more appropriate forum and relinquish its jurisdiction if requested. The original court might decline to exercise jurisdiction over a modification if the child no longer has a significant connection to the state or the child and their parents no longer live in the state.

When Would a Court Decline Jurisdiction Over a Child Custody Matter?

There are generally two (2) reasons a court would decline initial child custody jurisdiction — inconvenient forum and unjustifiable conduct. An inconvenient forum is one that is not the most suitable location to hear a child custody case. A court might render a jurisdiction an inconvenient forum under the following instances:

• Domestic violence occurred and the child and victim are best protected in the new state;
• The evidence in the case is located elsewhere; or
• The child has lived outside the state for a significant amount of time

The second reason a court may decline child custody jurisdiction is unjustifiable conduct. This refers to situations where a party has engaged in wrongful or improper actions in an attempt to get a court to exercise jurisdiction in the case. An example of unjustifiable conduct in a child custody matter can include a parent removing a child from their “home state” without the consent of the other parent. Unjustifiable conduct can also occur when a parent conceals information about the child’s location for the purposes of gaining a tactical advantage regarding jurisdiction.

Temporary Emergency Jurisdiction

The UCCJEA allows for temporary emergency jurisdiction in limited circumstances. If a child is present in a state and is either abandoned or needs protection from abuse, these matters can be promptly addressed, and an emergency custody order can be put into place where the child is currently located — even if the state does not qualify as the child’s “home state”.

Contact an Experienced Maryland Family Law Attorney

Child custody matters crossing state lines can be complicated. It is essential to have an experienced family law attorney by your side to help you navigate your case and ensure the best interests of your child are met. To learn more about child custody jurisdiction and how we can assist you with your child custody matter, contact Strickler, Platnick & Hatfield to schedule a consultation.