After a divorce, dissolution, or separation, it’s not uncommon for one of the parties to move across state lines. But in such cases, if a dispute arises in connection with parenting (aka child custody), parents who reside in different jurisdictions may wonder in which state the case should be brought. The Uniform Child Custody Jurisdiction and Enforcement Act is a law that ensures consistency in custody matters and prevents conflicting orders issued by different states.
What is the Uniform Child Custody Jurisdiction and Enforcement Act?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that establishes a framework for determining which court has the power to rule, known as “jurisdiction,” in cases where parents reside in different states. The Act, which was drafted in 1997, has been adopted by 49 states, including Ohio. It specifically addresses the issue of which court has the authority to hear a custody case when parents live in different states — but it does not dictate how a case should be decided.
Jurisdiction Under the UCCJEA
When parents relocate to different states after separation, including divorce or dissolution, it is essential to understand that only one state at a time can have jurisdiction over a child’s parenting. The UCCJEA prevents parties from “forum shopping,” and traveling to different states to find a court whose laws might be more favorable. Rather, it gives preference to the child’s “home state” and ensures that matters concerning the care of the child are heard where the child primarily lives and the family maintains their ties.
The UCCJEA recognizes four specific grounds under which a court may assert jurisdiction over a parenting (custody) matter:
Home State Jurisdiction
The child’s home state has primary power to decide disputes concerning the residence and placement of the child. Under the UCCJEA, a child’s home state is defined as the jurisdiction where the child has lived with a parent for at least six consecutive months before the case is filed. If the child is under six months old, the home state is considered the jurisdiction where the child has lived since birth. Specifically, the child’s residency is the primary factor that determines which state has jurisdiction to hear a custody matter.
Significant Connection Jurisdiction
If no “home state jurisdiction” exists, a court may exercise “significant connection jurisdiction” to hear a custody matter. However, two conditions must be met in order for the court to exercise jurisdiction under these grounds:
- The child and at least one parent must “have a significant connection with the state other than mere physical presence.”
- Substantial evidence must be available in the state concerning the child’s “care, protection, training, and personal relationships.”
Importantly, a court may consider the length of time the child lived in the state and the location of evidence relevant to the case, including sources such as therapists, teachers, doctors, and relatives.
More Appropriate Forum
A court may decline home state or significant connection jurisdiction if there is another state that would be more appropriate. In other words, if there is a court that would be better suited to hear the case, it can assume jurisdiction over the matter. To determine whether one or the other jurisdiction is more appropriate, a court would consider factors such as the child’s safety, the location of evidence pertaining to that child, and the convenience of the parties.
Vacuum Jurisdiction
If no court can exercise home state, significant connection, or more appropriate forum jurisdiction, an alternate court may exercise vacuum jurisdiction. This type of jurisdiction may apply in cases where a child doesn’t remain in a state long enough to form any attachment to it.
Jurisdiction to Modify Custody Decisions
Once a court makes an initial custody determination, that state retains exclusive, continuing jurisdiction for so long as the child or at least one parent continues to maintain a significant connection to it. Another state cannot modify an existing custody order unless the original court makes a determination that it no longer has jurisdiction over the matter, and another forum is more appropriate. This helps to prevent different states from issuing conflicting orders.
If a final decree or order determining parental rights is issued in Ohio and the child remains here, or at least one parent remains here, then Ohio has continuing jurisdiction. If the child has lived elsewhere for at least six months and the Ohio court is made aware that information concerning that child, such as medical and educational records or other evidence pertaining to parenting issues, is more readily available in another state, then Ohio courts would most likely relinquish jurisdiction when asked by another state’s courts.
If both parents and the child all live outside of Ohio after the decree or order concerning that child is issued, the Ohio court would have to relinquish its power over the case to the state where the child has lived for more than six months, and where evidence concerning that child is located.
Temporary Emergency Jurisdiction
In cases involving an emergency, a court in the state where the child is currently located can assume temporary emergency jurisdiction. Regardless of whether a different court would have jurisdiction, temporary emergency jurisdiction can be exercised when there is an immediate need to protect the child because the child has been abandoned or is being subjected to abuse or mistreatment. Emergency jurisdiction also can be asserted if there is even a threat of abuse or mistreatment — or if a sibling or parent was subjected to or threatened with abuse.
Temporary emergency jurisdiction remains in effect until the date specified in the order, or a court with preferred jurisdiction renders a determination concerning the child. While the purpose of emergency jurisdiction is to protect the child until the court with preferred jurisdiction can hear the case, it may become permanent in limited circumstances. For example, if the issuing state becomes the home state, or if no other order state has jurisdiction, the UCCJEA allows emergency jurisdiction to transition to permanent jurisdiction.
Contact an Experienced Ohio Family Law Attorney
Navigating interstate parenting and custody issues can be challenging. It’s essential to consult with a family law attorney who understands the UCCJEA and the applicable state-specific laws. Melissa Graham-Hurd and Associates can guide you through the process of resolving a custody dispute when different jurisdictions are involved and help ensure the best interests of your child are met. From our office in Green, we work with clients in Summit and Stark Counties, Ohio. Schedule a consultation today to learn more.
