The Uniform Child Custody Jurisdiction and Enforcement Act, also known as UCCJEA, was enacted in 1997 to establish which state has jurisdiction over child custody when more than one state is involved in the dispute. The Act gives the child’s home state jurisdiction over custody: the “home state” is defined as the state the child resided in for at least six months prior to the filing of the action. If the child has lived outside the home state for the six months prior to filing, the other state is given priority. If the child is less than six months old, the home state is whichever state the child has lived in since birth.

Because state laws can vary greatly, one state being designated as the home state over another can affect your ability to obtain or keep custody of your child; therefore, which state is the home state can make a big difference in your case.

There are 3 main exceptions to the general rule of the child’s home state having jurisdiction:

1. Inconvenient forum: if, after considering several factors including but not limited to the location of the parties and their financial ability to travel, the court decides that the home state is inconvenient, another state may be given jurisdiction.
2. Emergency jurisdiction: a non-home state can issue a temporary order in emergency situations where the child is abused, threatened, abandoned, or otherwise at risk of harm.
3. Unjustifiable conduct: if one party engages in unjustifiable conduct in order to improperly obtain home state status in a particular state, the Act requires that the court decline jurisdiction.

If the custody of your child involves more than one state, an experienced family lawyer can help you determine which state has priority over your case and guide you through the child custody process.

New York child custody lawyer

Determining the custody of your child is one of the most important aspects of any separation or divorce. At The Law Offices of Stacy Sabatini, Esq., located in New City, we help protect New York’s children and defend the parental rights of our clients.

If you’re a resident of Orange, Rockland, or Westchester county and would like more information on which state has jurisdiction over your child custody case, please contact our office via email online.