Uniform Child Custody Jurisdiction And Enforcement Act Child Support
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.
Divorce Child Abduction The Marks Law Firm
Child abduction is a frightening subject but it does happen. A parent becomes disgruntled by the legal process or fears a negative outcome, or believes harm will come to the child and no one will help, or simply wants to hurt the other parent â€“ so the parent takes the child and leaves, sometimes to another state, sometimes to another country. Parental kidnapping is both a state and federal crime. If a parent takes a child without consent during a time when that parent does not have physical custody of the child, the police, the FBI, the State Department and even Interpol can be of assistance. From a custody perspective, if the abduction has occurred within the United States, the.
Parental Kidnapping Prevention Act (PKPA), the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) and a writ of habeas corpus can help to return the child home. If the abduction has occurred outside the United States, the international treaty known as the Hague Convention on the Civil Aspects of International Child Abduction creates a uniform method of retrieving the child. Both national and international abduction cases are sensitive, emotional and complicated, and require extensive knowledge of legal procedures with which few lawyers have real experience, let alone expertise. At the Marks Law Firm, L.L.C., we have successfully handled interstate.
And international child abduction cases in state and federal courts. We have the experience and expertise to help guide you through the proper channels to secure the return of your child.