What is the UCCJEA, Uniform Child Custody Jurisdiction Enforcement Act?

The Uniform Child Custody Jurisdiction and Enforcement Act was put in place and adopted across the United States and North Carolina in 1999 with the goal of avoiding jurisdictional competition with other states. It promotes the cooperation of other states in assuming jurisdiction over child custody cases, assuring that litigation occurs where the child and parties have their closest connection, discouraging relitigation and unilateral removals of children, and facilitating enforcement of North Carolina and sister state decrees.

Under the UCCJEA the primary goal is to establish the “Home State.” The Home State is the state in which a minor child lived with a parent, or an individual acting as a parent, for at least six consecutive months immediately before the commencement of a proceeding. If the minor child is less than 6 months old, the Home State is the State where the minor child has lived since birth. Additionally, in determining whether or not the Home State test is met, temporary absences from North Carolina are disregarded.

Of course, as in all law, there are exceptions to when the Home State Rule does not apply, which can be rather complicated such as when all other states with jurisdiction decline having jurisdiction or when there is not a homes state or a state with significant connections. Furthermore, a party seeking Emergency Custody may override a Home State with Jurisdiction under the right circumstances. If you have jurisdictional questions about Child Custody in North Carolina, Contact a Charlotte Child Custody Attorney at the Law Offices of David P. Sheehan at (704) 332-5858.