The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) facilitates the enforcement and resolution of child custody matters across different states and jurisdictions. Intended to bring the Uniform Child Custody Jurisdiction Act into agreement with the Parental Kidnapping Prevention Act (PKPA) and the Violence Against Women Act (VAWA), the UCCJEA establishes means for determining original jurisdiction for modification decrees and other matters in interstate custody disputes. The Law Offices of Susan E. Christiansen ,located in the Northern California Bay Area, has represented a number of clients under the terms of the UCCJEA. Our interstate child custody attorneys are familiar with its complicated requirements and what legal arrangements must be made in each state that is involved in an interstate custody case.
If you or your ex-spouse live in different states and are involved in a custody dispute, contact the California Law Offices of Susan E. Christiansen. We will explain what the law requires and how we can help you. Please fill out our online form or call (707) 427-6784 today.
Under the requirements of the UCCJEA, the home state of a child is granted jurisdiction. So, even if your child now lives in Arizona, if California is the home jurisdiction of your child, California has initial jurisdiction over your case. When there is no home state or when a state chooses not to assert its right to jurisdiction, the UCCJEA employs a complicated set of criteria to assign jurisdiction to another state.
Given the intricate, involved nature of the UCCJEA, resolving jurisdiction issues and custody disputes according to its terms often involves using state case law and precedent. At The Law Offices of Susan E. Christiansen, our divorce lawyers have extensive experience in using and citing precedent in cases involving the UCCJEA. We know what issues to look for and what legal principles to highlight in support of our client's case.
Due to the requirements and procedures involved in resolving child custody disputes under the UCCJEA, you will most likely need to hire an attorney in the state where you reside and one where your child or ex-spouse resides. Our attorneys are prepared to work with other lawyers, providing necessary information and records. Our office manages your case, centralizing the collection and flow of information for you should you have any questions or concerns.
The Hague International Child Abduction Convention was signed by a number of countries around the world to provide a legal means in child abduction cases. The International Child Abduction Remedies Act (ICAR) is a federal law that implements the terms of the Hague Convention. When a child is taken to a foreign country illegally or in violation of a U.S. family law court order, a parent can file a petition in a state or federal court under the terms of the ICAR for the return of their child. In order to leverage the ICAR, a parent must demonstrate that a child was wrongfully taken to another country.
In cases where an ex-spouse unlawfully removes a child and attempts to return to his or her home country, it may be necessary to ask federal authorities to issue an Unlawful Flight to Avoid Prosecution (UFAP) warrant. A UFAP will block anyone trying to leave the United States or gain entry into their home country using a U.S. passport.
If you're uncertain where to start in fighting for the custody of your child that lives in another state, email child custody attorneys at the Solano County Law Offices of Susan E. Christiansen or call (707) 427-6784 today. Our Law Office is located in Fairfield, California, and we serve clients across the country and worldwide. We'll evaluate your case and explain the legal options available to you.