What is the Uniform Child Custody Jurisdiction and Enforcement Act?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was established in 1997 by the Uniform Law Commission to determine which court has subject matter jurisdiction in child custody cases where more than one state (and court) is involved. The UCCJEA, which provides uniformity across state lines, provides clear guidelines for courts to follow to ensure that only one state has jurisdiction over a child custody case at any given time. By eliminating the possibility of a multistate custody litigation, the UCCJEA prevents parties from “forum shopping” for a more favorable court across state lines. Under the UCCJEA, courts are required to enforce and not modify valid custody orders entered by other states. 49 states (with the exception of Massachusetts), D.C., Guam, and the Virgin Islands have adopted the UCCJEA. The UCCJEA is codified in South Carolina as S.C. Code Ann. § 63-15-300 et seq.
Home State Jurisdiction
The UCCJEA prioritizes home state jurisdiction. The home state is the state in which the child has resided with a parent or a person acting as a parental figure for at least six months immediately preceding the commencement of the custody case or the state in which a parent continues to reside even after the child has been removed from said state. S.C. Code Ann. § 63-15-330(A)(1). If a child is less than six months of age, then the home state is the state in which the child has lived since birth. S.C. Code Ann. § 63-15-302(7). Under the UCCJEA, the home state has exclusive jurisdiction to make an initial custody determination.
Alternative Jurisdictional Bases Under the UCCJEA
- Significant Connection Jurisdiction: When a child does not have a home state or when the child’s home state declines to exercise jurisdiction, a court in another state may exercise jurisdiction so long as the child and a parent have a significant connection to the state and substantial evidence concerning the child is available in the state. S.C. Code Ann. § 63-15-330(A)(2)(a-b).
- More Appropriate Forum Jurisdiction: A court may exercise jurisdiction if the home state and the state with a significant connection to the child decline to exercise jurisdiction in favor of another, more appropriate state. S.C. Code Ann. § 63-15-330(A)(3).
- No Other State or Vacuum Jurisdiction: If there is no home state, significant connection jurisdiction, or a more appropriate forum, then an alternative court may “fill the vacuum” and exercise jurisdiction. This situation typically occurs when the child fails to remain in any state long enough to form a connection to the state. S.C. Code Ann. § 63-15-330(A)(4).
- Temporary Emergency Jurisdiction: A court has temporary emergency jurisdiction if the child is present in the state and has been abandoned or the child, a sibling, or a parent needs protection due to mistreatment or abuse or the threat of same. S.C. Code Ann. § 63-15-336(A).
Modification of Custody Orders
The court that originally entered a custody order retains continuing jurisdiction to modify its order unless it relinquishes jurisdiction to another court or neither the child nor the parents reside in the state anymore. S.C. Code Ann. § 63-15-334.
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The UCCJEA can be complicated and difficult to understand. If you require assistance navigating the UCCJEA or have a divorce or family law related issue, please contact us.
