Are you thinking about filing for divorce or a custody proceeding, but have just relocated to another state? What if you and your children have a second residence in another state where your spouse works? Determining which court has the authority to decide custody and conservatorship issues under these circumstances can be complex.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines jurisdiction for child custody cases in all U.S. states except Massachusetts (which is currently considering adopting it).
The primary goals of the UCCJEA are to:
- Promote national uniformity in child custody decisions
- Prevent competing jurisdictional rulings between states
- Discourage forum shopping by parents seeking a more favorable jurisdiction
- Streamline what can otherwise become prolonged and confusing interstate custody litigation
The UCCJEA sets out four possible grounds for a state court to exercise jurisdiction over child custody disputes:
- Home State Jurisdiction
A court has jurisdiction if the child has lived in the state for at least six consecutive months on the date the lawsuit is filed, or the child lived in the state for at least six consecutive months before the lawsuit was filed, and the child is absent from the state but a parent or person acting as a parent continues to live there.
Home State jurisdiction takes precedence over all other bases.
- Significant-Connection Jurisdiction
If no state qualifies as the child’s Home State, a court may exercise jurisdiction if the child and at least one parent (or person acting as a parent) have a significant connection to the state beyond mere physical presence, and substantial evidence exists there regarding the child’s care, protection, training, and personal relationships.
Under the Significant-Connection Jurisdiction, courts focus on the quality and nature of the child’s relationships to the state, not simply on physical presence.
- Convenient Forum Jurisdiction
A court that has jurisdiction under either Home State Jurisdiction or Significant-Connection Jurisdiction can still decline to exercise jurisdiction if another is better positioned to handle the matter and a more convenient forum.
Factors a court may consider when determining whether to decline jurisdiction in favor of another court are whether:
- Domestic violence has occurred and is likely to continue to occur, and which state can best protect the child and parties;
- How long the child has resided outside the state;
- The distance between the courts involved;
- The financial circumstances of each party;
- Any agreement between the parties regarding which state should have jurisdiction;
- The nature and location of relevant evidence, including witnesses and the child’s testimony;
- The ability of each court to handle the case promptly and efficiently;
- Each court’s familiarity with the facts and issues; and
- The spouse trying to invoke the court’s jurisdiction has committed unjustifiable conduct.
- Default Jurisdiction
A court can exercise jurisdiction by default if no court has jurisdiction under the previous three grounds.
- Emergency Jurisdiction
A court can exercise temporary jurisdiction if the child is present in the state and has been abandoned, or it is necessary in an emergency to protect the child from mistreatment or abuse.
When Issues Arise
Jurisdictional disputes often arise when families divide time between states. To determine which state has jurisdiction under these circumstances, evidence may include where the child primarily resides, attends school, receives medical care, and maintains family and social ties. Texas courts have held that temporary absences or frequent visits to another state do not defeat Home State Jurisdiction.
Forum Shopping and Improper Conduct
Attempting to move to another state solely to establish jurisdiction is not prohibited. Additionally, courts may decline to exercise jurisdiction if a party who is seeking to invoke the court’s jurisdiction has engaged in unjustifiable conduct, such as secreting a child to another state just to gain a procedural advantage.
The UCCJEA plays a critical role in preventing conflicting custody orders and ensuring that children’s interests are adjudicated in the most appropriate forum. Parents navigating multi-state custody situations should consult with experienced counsel early in the process to identify the proper jurisdiction, gather supporting evidence, and avoid costly procedural disputes.
