Child Custody Jurisdiction UCCJEA The Marks Law Firm
The very first question a court must address in any custody dispute is the issue of jurisdiction â€“ which means whether the court has the authority to grant the requested relief. To address the issue of jurisdiction, Missouri enacted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The purpose of the UCCJEA is to provide one and only one court in the world to have the ability to consider custody issues in a particular case. Often parents live in different states, and even different countries, after separating, and one parent may want â€œhome court advantageâ€� or wish to find a state where the parent believes the law would be more favorable on a particular.
Issue. To prevent this type of forum shopping, the UCCJEA designates the â€œhome stateâ€� of the child as the exclusive forum for deciding custody matters. The home state is the state in which the child has resided for the six months preceding the filing of a custody action. So, as an example, if husband and wife living in Missouri separate and wife moves with the children to Illinois, wife may decide to file in Illinois right away so that Illinois may decide custody. However, if the children have not lived in Illinois for at least six months, Missouri will remain the home state and the presumptive forum to hear the case. The key thing to keep in mind is that if, after divorce, one or both of the parents.
Move to another state, seek out a knowledgeable attorney who can make sure you’re not wasting valuable resources seeking custody decisions in the wrong jurisdiction.
What Is Court Ordered Mediation Explained by Los Angeles Child Custody Lawyer David Pisarra
Do you want to know what court ordered mediation is? let me help you out. My name is David Pisarra. I’m with MensFamilylaw we represent noncustodial parents mostly fathers in child custody cases. Once a Child Custody case is opened, and whether that happens through a divorce or a paternity case, isn’t really the matter but a request for orders has been filed, meaning somebody has gone to court and is asking the judge to change the orders for visitation, and custody of the child. The first thing that happens is court ordered conciliation court date is set. That’s basically mediation with a social worker. Mother and father are brought in. Usually they meet separately with the social worker whose job it is to.
Try and bring the parties to a mutual agreement on as many issues as possible before they go see the judge. Oftentimes they will meet with the custodial parent first, frequently that’s mom, then they’ll meet with dad and they”ll go through the list of the days they are trying to get together. Whether it’s weekend visitations, midweek visitations. Sometimes it’s holidays, how are we going to divvy up the Christmas Holiday and the Spring Break Holiday and Summer Holiday. But it’s a free process and most counties require it prior to going to see the judge. Usually it’s held the day of the hearing in the morning and then there’s an afternoon session with the judge. Or in busy counties like Los Angeles.
County, sometimes you’ll have your conciliation court date, which is the mediation earlier. You could have that two, three four sometimes weeks before your actual hearing date and then you go in and see the judge on those issues you couldn’t agree on. Feel free to check out the rest of the website, watch the other tutorials, please read my books and remember a cheeseburger and a chocolate shake will get you through just about everything.