Our increasingly interconnected world has made relocation a reality of everyday life. We move for job opportunities, romantic relationships, or a lower cost of living. We also move for access to extended family. Any decision to relocate has significant implications for your life. However, these decisions become further complicated for divorced parents.
Your initial divorce decree likely outlines your child custody arrangement. It also specifies parenting time and visitation. When you or your spouse decides to move out of state, questions regarding your previous arrangement will undoubtedly arise. You may wonder: what are my rights and who makes these determinations for my child’s future?
The Legal Foundation: UCCJA and PKPA
In this article, we will discuss the major policy milestones for deciding these matters. We will also cover jurisdictional rules and essential next steps for concerned parents.
The United States first addressed interstate child custody with the Uniform Child Custody Jurisdiction Act (UCCJA) of 1968. This groundbreaking legislation was intended to serve two vital functions:
- To outlaw parental kidnapping (taking a child to another state to avoid court-mandated custody determinations).
- To prevent “forum shopping,” where a parent attempts to secure a more favorable outcome in a different state.
The UCCJA was an attempt to create a streamlined system among states. Over the next 13 years, each state adopted a version of this law. However, in 1980, the Parental Kidnapping Prevention Act (PKPA) was passed. The PKPA was intended to supplement the UCCJA, but it included significant discrepancies. These led to conflicting case law for decades.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
To reconcile these issues, the UCCJEA was enacted in 1997. Currently, 49 states and the District of Columbia have adopted this law. The UCCJEA directly impacts interstate parental relocation and child custody matters.
1. Initial Child Custody Jurisdiction
Generally, the child’s “home state” is given jurisdiction. “Home state” refers to the State in which a child lived with a parent for at least six consecutive months immediately before the proceeding. If the child is under 6 months old, the home state is where they lived since birth.
Another state may be deemed appropriate if the home state declines jurisdiction and:
- The child and at least one parent have a significant connection with the state beyond physical presence.
- Substantial evidence is available in that state concerning the child’s care, protection, training, and personal relationships.
2. Exclusive, Continuing Jurisdiction
The home state also holds “exclusive, continuing jurisdiction.” This means future decisions are decided by the state of the original determination. This jurisdiction is only negated when:
- The child and parents no longer have a significant connection with the original state and substantial evidence is no longer available there.
- The child and both parents no longer reside in the original decree state.
Navigating Complex Custody Disputes
Interstate child custody issues are highly complex. Despite legislative attempts at uniformity, case law in this area remains inconsistent. For a new state to acquire jurisdiction, the original home state must typically decide to relinquish it. The single caveat involves situations where neither the child nor the parents reside in the original home state.
When addressing these important issues, it is advisable to consult with an experienced attorney. The New Jersey family lawyers at Townsend, Tomaio, Newmark & Clancy have assisted countless mothers and fathers with child custody matters. Contact our Morris County offices today at 973-840-8970 for a cost-free consultation.
