Legal custody is the right of a parent who has to make appropriate decisions. He or she has to help care for the welfare of the child, medical way, student, social and other circumstances that need care.
When two parents live in the same state, the custody proceeding is more straightforward. But it gets complicated when two parents live in two different countries. Each state in the USA has different laws regarding custody and relocation. This is when The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is implemented.
Who Is the Custody of The Children for In General Sense? What does the Law Say?
Currently, the Law is increasingly betting on custody whenever possible, considering it as the most desirable for the development of children, so that they relate equally to both parents.
The reform of the Civil Code establishes the principles of parental co-responsibility and co-parenting, as well as the exercise of shared custody. Until this reform, the aim was to attribute custody of the children to one of the parents (generally the mother), establishing a regime of stay and visits for the other parent.
How is custody decided in the Case of the Same State?
During the divorce process, the custody of the children can be determined by,
- The judge in case there is no agreement between the parents,
- Or it may be by mutual agreement between the parties (or at the request of one spouse and acceptance of the other). In the case of agreement between the parents, it will be established in the regulatory approval. A judge must ratify the document.
The judge mainly considers the interest of the minor, and, as we indicated above, joint custody begins to be considered a more beneficial option for children.
For cases where a divorce has already occurred, it is also possible to request a change of custody regime after sentencing.
But this scene changes completely when both parents are from different states.
What is the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)?
If a couple has children, and one of the parents moves to another state, the legal problem arises. It becomes tough to determine which of the two-state courts should make decisions on whether to initiate the proceedings, during the development of the processor for relative emergencies which Law will be suitable.
To address these issues, most of the states in the US have adopted the Uniform Jurisdiction Act for Enforcement of Child Custody Orders (UCCJEA). It is a uniform state-level law that determines which court should exercise legal capacity in a child custody case when the facts involve more than one state.
Uniform Child Custody Jurisdiction and Enforcement Act Home State: Concept and Implementation
The UCCJEA is based on two main concepts,
- The first is that the first court to issue a custody order for a child is the one that should maintain the legal capacity to issue subsequent orders. If there are such substantial changes in the parties’ circumstances, it is appropriate that another court will take and exercise authority in the case.
- The second concept is that valid child custody orders, issued in one state, must be served in the courts of any other country.
If your spouse has brought the child to one state in violation of a custody order issued in another state, you may file with the (UCCJEA). Obtain enforcement of the other state’s Law in your state’s court.
If your spouse has taken the child to another state in violation of a custody order issued by another state’s court, the former court generally maintains the legal authority to issue rules regarding your children’s case. But it may be necessary that You too may seek to enforce the order in the courts of the other state.
Jurisdiction and Enforcement Act Home State: The International Custody of Children
It is increasingly common for parents and children to move from one country to another in a globalized world. In the same way, the custody proceeding is complicated in the case of the transfer between the different states within the United States. When more than one country is involved, the legal problem of determining the jurisdictional authority for that custody case arises.
Unlike in interstate movement cases in the United States, there may be no international law or treaty in an international case. We are talking about uniform law that determines which court in which country can or should exercise authority jurisdiction. In short, who has the right over the child when deciding the custody of the child?
Read Also: Rules of Child Custody after Divorce
Use of UCCJEA In Case of International Relocation
The most prominent international treaty on child custody is the Hague Convention on the civil aspects of international child abduction. The Hague Convention provides a legal mechanism for the parent. It seeks the return or access of a child who has been illegally taken abroad, violating the custody right.
If your spouse has brought your child to the USA in violation of a custody order issued in a foreign country, you can enforce this international custody order in a court (if such a request meets the requirements of the UCCJEA.
If your spouse has taken your child to a foreign country in violation of a USA custody order, you may need to enforce this USA custody order in a foreign country. The United States Department of State assists parents who have been the victims of child abduction.
An example,
In Texas, an opinion on child custody, issued by a court in a foreign country, is treated the same way as provided by the UCCJEA. It is treated as if it were a custody order issued by a state within the United States (and that, therefore, it can be enforced in the Texan court).
It does not violate fundamental principles of human rights in the following cases:
- The foreign court had jurisdiction to determine custody of the child under the legal standards of the UCCJEA
- If the right in Regarding the custody of children in a foreign country
Bottom Line
Child custody is a compassionate issue as it involves the matter of a minor. Making it messy with different laws from different states is never pleasant. Uniform Child Custody Jurisdiction and Enforcement Act Home State can solve this problem to make the custody proceeding easier.
