The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) covers child custody proceedings regarding legal custody, physical custody, and visitation with respect to a child when more than one state is involved. This Act provides the Court with guidance when a parent or both parents have moved from one state to another and are looking to enforce a Parental Rights & Responsibilities or Child Support Order or Judgment.
The UCCJEA provides four bases to determine jurisdiction in child custody matters:
The “Home State” of a child is the state where the child has lived with a parent for at least 6 months immediately before the custody matter was filed.
A “Significant Connection” with a state is created when the child and at least one parent have a significant connection with the state, demonstrated by the presence of the child’s care, school, and personal relationships.
A “More Appropriate Forum” in an alternate state may exist if the home state or the state with the significant connection decline to exercise jurisdiction because another forum is more appropriate.
This type of jurisdiction exists when no other court of any other state would have jurisdiction under the home state, significant connection, or more appropriate forum tests.
When a custody determination has been issued by another state, it can be registered in the state of Maine through a filing with the appropriate Court. A Family Law Trial Lawyer will help you prepare a letter requesting such registration and will collect the necessary certified copies of the prior Order or Judgment from the other state. These documents must be served upon the other parent, as in typical custody matters, in order to provide the other parent with the opportunity to contest the validity of the registration.
If you are looking to enforce an out-of-state Order or Judgment in the state of Maine, you may have to first register that prior Order or Judgment with the appropriate Maine Court.
A Family Law Trial Lawyer can help you navigate through this complex legal landscape.
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