IV. CHILD CUSTODY
2. Initial Custody Determination
3. Exclusive Continuing J
4. Decline J
5. Temp ER J
C. Best Int Std
D. Joint Custody
E. Counsel for Kid
H. Modification of Custody
Uniform Child Custody J & Enforcement Act
PURPOSE: Avoid J disputes, promote cooperation, facilitate enforcement of custody & visitation orders.
- INITIAL DETERM: (1) Home State (2) Other
- Home State:
- Rule: Ct has J to initally enter or modify child custody or visitation order if state is (i) child's home state, or (ii) was child's home state within past 6 months and child is absent from state but parent continues to live there.
- Defined: A child's home state is the state where child lived w/parent for at least 6 consequtive months preceeding the action.
- Home State N/A: If no other state has or accepts J and (i) child and at least one parent has signficant connection w/state, and (ii) substantial evidence concerning child is available in state.
EXCL CONT J: Court making initial child custody/visitation determination has exclusive continuin J until ct determines: (i) neither child nor parent continue to reside in the state, or (ii) child no longer has signficant connection to state and substantial evidence no longer available in the state.
DECLINE J: Ct may decline J if inconvenient forum and another court more appropriate or if party seeking court's J has engaged in unjustifiable conduct (unclean hands).
TEMP ER J: Ct has temp, ER J if kid abandoned or it's necessary in an emergency to protect kid cuz him or sibling or parent subjected to or threatened w/abuse.
ENFORCEMENT: Order may be registered in another state and enforced in same manner as one of its own orders. Ct may order respondent to appear and hand kid over to petitioner. May issue warrant to take physical possession of kid if likely to suffer serious phsycial harm or be removed from state.