An Uncivil War: What to Do When Custody Battles Cross State Lines

August 11, 2012

The majority of the states in America (including West Virginia) and the District of Columbia have adopted a model rule -- the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) -- to guide family court judges making or modifying interstate or international child custody agreements.

When is the UCCJEA Applicable?

The UCCJEA does not automatically apply to every child custody dispute that happens to involve parents in different states or countries. The UCCJEA sets forth a number of possible scenarios, one of which must exist before a family court judge has the authority under the UCCJEA to make a custody decision that will have interstate or international implications.

The Child's Home State

The UCCJEA may apply if the state making the custody determination is the child's "home state." West Virginia Code ?48-20-102(g) defines the "home state" as one where a child and a parent (or a person acting in the place of a parent) has resided for at least six months immediately before a custody proceeding was filed. If the child is less than six months old, then the child needs to have lived in the home state since birth.

Significant Connections

If for some reason a home state court declines to hear a case, another court may be able to hear the case if the child has "significant connections" with the state. The factors the court can consider to determine if a child has "significant connections" include:
- Presence of extended family like grandparents, aunts, uncles, etc.
- Child is enrolled in school
- Child has an established network of doctors or clinics that provide necessary medical care
- Child has relationships with child care providers or religious figures
- Child has a social support system of friends
- Child is adequately housed, clothed and cared for within the state (even if he or she actually resides somewhere else)

Is the Child Within the State for His or Her Protection?

Another possible reason why the UCCJEA may apply is that the child is living in the state for his or her protection. Children may be moved between states or to a foreign country to remove them from a dangerous situation that could involve abuse, neglect or abandonment.

No State Meets the Other Criteria

The UCCJEA is flexible enough that it is applicable even in situations where none of the established scenarios meets the facts of a particular child custody dispute. If no state meets the criteria -- or one state does meet the criteria but declines accepting jurisdiction -- then an otherwise disqualified state could extend its own jurisdiction over the matter.

While the UCCJEA does simplify the process of making interstate or international child custody decisions, it can be complex a question first determining whether or not it is applicable.

If you are, or you anticipate that you will be, seeking the establishment or modification of an interstate or international child custody decree, consider speaking with a knowledgeable family law attorney in your area to learn more about how the UCCJEA will apply to your case.

Article provided by Pritt & Pritt, PLLC
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