UNIFORM CHILD CUSTODY JURISDICTION ACT
The Uniform Child Custody Jurisdiction Act determines which state has the most significance and connections to a child to make a decision on jurisdiction. If parents are residing in two different states and fighting over custody of a child, then the court proceedings have to take place somewhere. This is where the Uniform Child Custody Jurisdiction Act comes into play.
The Uniform Child Custody Act started as a result of parents that take off out of state with their children and then try to file custody of them. Many parents believe that if they are living in a different state with the children, then they will for sure get full custody because the other parent lives so far away. The Uniform Child Custody Jurisdiction Act protects the parent whose children have been taken away. Some states consider this kidnapping because when divorced and living in the same state, a parent cannot move more than 100 miles away from the other parent without the other parent agreeing to this and by seeking approval through the court.
The way that the Uniform Child Custody Jurisdiction Act works is that when the other parent takes a child out of state and files for full custody of a child, the state the parent has moved into cannot take jurisdiction of the child. The state that has jurisdiction of the child is the state that the child last resided in for the last 6 months. In some states like Colorado, where the child lived for the last 12 months is taken into consideration and divorce and child custody proceedings must be filed in that state. It must be proven to the court the child’s jurisdictional state.
Under the Uniform Child Custody Jurisdiction Act a parent will be required to return to the state the child resided in to continue with child custody proceedings. The child may be required to be returned to the state of residency. The parent may be jailed for kidnapping and lose any and all rights to the child that they would have had.
The Uniform Child Custody Act protects parents from an ex-spouse taking a child out of state without their permission.
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