Oftentimes, the Alsandor Law Firm helps the client who has what we call an interstate jurisdictional issue. An interstate jurisdictional issue arises when a child has relocated from their home state and lives in a different state. At issue is which state should hold the custody proceeding? Specifically, the UCCJEA, which stands for the Uniform Child Custody Jurisdiction Enforcement Act, it’s a body of law that has been adopted by our 50 states so that if a child relocates from one state to another, all 50 states are utilizing the same body of law to determine which state should hold a custody proceeding.
One element that is very important in a UCCJEA proceeding is where’s the child’s home state? The home state is the state that the child has lived in for at least six months. A problem arises when a child does not have a home state. If the child doesn’t have a home state, then the court has to consider which state the child has the most contacts with:
- Where does the child go to school?
- Where are the child’s friends?
- Who are the child’s familial relationships?
All of those are elements to consider in assessing where a child custody case should be brought if there are interstate issues.
The Alsandor Law Firm offers personalized service and creative solutions to your unique family law issues.