Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Panama City Divorce Attorney Lawyer
Seaton Law Offices, P.A. understands that establishing child custody can be extremely difficult. This holds especially true during instances in which the child's parents live in two different states. The difficulty then lies in determining which state holds continuing jurisdiction over the child and decides their matters regarding custody. That is when the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) comes into place. The UCCJEA was established in order to handle matters of child custody as well as identify a state as the child's "home-state." An experienced family law attorney in Panama City can make sure that you properly handle the court processes involved and fully understand your matters in the UCCJEA.
The UCCJEA was created to protect the best interests of the child and get rid of controversies between interstate custody matters. If two parents live in different states or if the child is continuously moving, the UCCJEA would determine the home-state of the child. This act was created to replace the inconsistent Uniform Child Custody Jurisdiction Act, as well as the contradictory Parental Kidnapping Prevention Act. By electing a home-state, a higher level of consistency can be brought into the child's life. Instead of being pulled left and right, the UCCJEA makes sure that one state is held accountable for these decisions.
Initial Custody Determination
Our divorce firm is dedicated to providing legal counsel to individuals undergoing the initial custody determination process. This involves the court's involvement in determining the home-state of the child. The home-state is identified as the state in which the child has lived for six consecutive months immediately before the beginning of the child-custody hearing. If the child has not lived in a state for six consecutive months, the home-state is then identified as one in which the child and one of the parents have significant ties. If neither of these situations exist, the home-state is one in which has proper ties with the child. One state can give up their jurisdiction to another state if it makes things easier on the child and parent(s).
Temporary Emergency Orders
When the best interests of the child are in danger, a temporary emergency order can be created by a state that does not currently have jurisdiction. Our firm understands the importance of creating a temporary emergency order and will see to it that your child remains out of harm's way. This custody order will remain effective until the individuals involved return to the home-state and bring these issues to the court. If there is not an order put in place and there is no home-state of the child, the temporary emergency order will become permanent and the state will become the home-state until otherwise addressed. If you are fearful of your child's immediate safety, we can fight for the protection that your child deserves.
UCCJEA Representation from a Panama City Family Law Attorney
At Seaton Law Offices, P.A., we are committed to providing our clients with the necessary tools and legal knowledge needed when handling matters involved with the UCCJEA. Created to protect children with parents living in different states and those involved with custody matters, the UCCJEA has proven to be extremely beneficial. Once a home-state is elected, it is given exclusive and continuing jurisdiction over the child. Custody and visitation decisions can be modified throughout the years and remain in effect until otherwise specified.
Contact our family law firm to discuss your case and ensure that your child stay well-protected.