Can any body explain how the Uniform Child Custody Jurisdiction and Enforcement Act works?

Question

I have sole custody of my two children The divorcce took place in Michigan where my ex still resides, I have moved myself and the children to Texas and we have lived here for close to 3 years. He has recently been ordered to pay child support and Is unhappy about this, so now he's filed a motion to modify custody, giving it to him. He has not shown any intrest in the kids until this point. I am frazzled and scared to lose my babies, though rationally I know his case is not strong and I have a good lawyer starting work here in Texas, I am just unsure about if we have jurisdiction here in Texas or does Michigan retain it?

Answer 1

Have your attorney file for a change of venue to Texas, fast. Otherwise, I think the county of the divorce retains jurisdiction in the matter. I'm assuming the child support order originates in Michigan.

The grounds will be your 3 year residency in Texas.

Prepare:
A) Pull phone records documenting how much phone contact he's had with your kids.

B) contact him and remind him that if he pursues custody, he will lose and he will be paying your legal expenses.

C) See if he actually pays his child support. If not, he doesn't stand a chance on custody. Find out if you can have his driver's license suspended for nonpayment. Raise the pain level.

Relax......

Answer 2

Since 1969 the Uniform Child Custody Jurisdiction Act was enacted in all 50 states, the District of Columbia and the Virgin Islands. In 1980 the federal government enacted the Parental Kidnapping Prevention Act4, to address interstate custody problems that continued to exist after the adoption of the Uniform Child Custody Jurisdiction Act. The Parental Kidnapping Prevention Act mandates that state authorities give full faith and credit to other States’ custody determinations, so long as those determinations were made in conformity with the provisions of the Parental Kidnapping Prevention Act. The Parental Kidnapping Prevention Act provisions regarding bases for jurisdiction, restrictions on modifications, preclusion of simultaneous proceedings, and notice requirements are similar to those in the Uniform Child Custody Jurisdiction Act. However, there are some significant differences. For example, under the Uniform Child Custody Jurisdiction Act there are four interchangeable bases of initial jurisdiction. In contrast, the Parental Kidnapping Prevention Act, prioritizes the "home state" jurisdiction by requiring that full faith and credit cannot be given to a State that exercises initial jurisdiction as a "significant connection State" when there is a "home State." In addition the Parental Kidnapping Prevention Act authorizes continuing exclusive jurisdiction in the decree State so long as one parent or the child remains in that jurisdiction. The Uniform Child Custody Jurisdiction Act did not directly address the issue.

The purpose of the Uniform Child Custody Jurisdiction and Enforcement Act is to revise the Uniform Child Custody Jurisdiction Act to bring the Uniform Child Custody Jurisdiction Act into compliance with the Parental Kidnapping Prevention Act and other federal statutes such as the Violence Against Women Act,5 as well as to make those changes to the Uniform Child Custody Jurisdiction Act which are necessary as a consequence of inconsistent court interpretations.

The Uniform Child Custody Jurisdiction and Enforcement Act is found in Article 5-A of the Domestic Relations Law. Former Article 5-A, the Uniform Child Custody Jurisdiction Act, was repealed effective April 28, 2002. The Uniform Child Custody Jurisdiction and Enforcement Act applies to all actions and proceedings commenced on or after April 30, 2002. However, a motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before April 30, 2002 is governed by the former Article 5-A.

The Uniform Child Custody Jurisdiction and Enforcement Act gives the "home state" priority, in order to bring it into conformity with the Parental Kidnaping Prevention Act, which requires full faith and credit only when the custody determination is made by the home State. Other state custody determinations are not entitled to Parental Kidnapping Prevention Act enforcement unless there is no home State.

The Uniform Child Custody Jurisdiction Act authorizes four independent bases of jurisdiction without prioritization. Under the Uniform Child Custody Jurisdiction Act a significant-connection custody determination may have to be enforced even if it would be denied enforcement under the Parental Kidnapping Prevention Act.