UCCJEA Basics: Which State Decides Your Custody Case?

When parents break up and one moves to a different state with the child(ren), the first question isn’t who gets custody.  The starting point is which state gets to decide custody, or said differently, which state has jurisdiction. Getting that wrong can cost you months of time, increased and unnecessary legal fees, and a court fight that doesn’t need to happen.

The Rulebook

Every state except Massachusetts follows the same law on this: the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The whole point is to keep parents from “court shopping” by moving to a friendlier state and to ensure that only one state is in charge of a custody case at a time.

The Main Test: “Home State”:

Most cases come down to one question: which state is the child(ren)’s “home state”? That’s the state where the child has lived with a parent for the six months right before the case is filed. (For babies under six months old, it’s wherever they’ve lived since birth.)

Short trips don’t reset the clock. A week down the shore with grandparents, summer camp in Maine, or a stay in an out-of-state hospital are “temporary absences” and still count toward the six months.

Whether something was truly temporary depends on the facts: how long was the absence, what was the reason for the absence, and whether there was an intent to return.

Once a state decides to retain jurisdiction, it usually stays in charge after a state enters a custody order and that state generally keeps control over future changes. A parent can’t just move, wait six months, and reopen the case somewhere new.

Emergencies:

If a child is in Pennsylvania and is being abused or threatened, a Pennsylvania court can step in on a temporary emergency basis even if another state is the home state. These orders are short-term and meant to protect the child(ren) until the right state takes over.

When a Court can decline jurisdiction:

Even if Pennsylvania has the power to hear a case, it can step aside if another state makes more sense (for example, because most of the witnesses and records are there). And a court must step aside if the parent seeking Pennsylvania jurisdiction got there by doing something wrong, such as wrongfully taking the child(ren) out of state.

Bottom Line:

UCCJEA cases are among the most procedurally technical and fact-specific matters in family law. If you and the other parent live in different states, or if either of you is contemplating a move with children, it is crucial that you speak with one of Obermayer’s experienced custody attorneys to understand your rights, obligations, and strategic considerations.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.