Determining Home State for Custody Under the UCCJEA
June 28, 2013
When a child lives in one state and a parent files for custody of that child in another state a question of jurisdiction over which state can hear the custody case arises. The Pennsylvania Supreme Court has ruled that in such situations the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) 23 Pa C.S.A. § 5401 applies.
So, for example, if Father lives in Pennsylvania and Mother lives in Maryland and Father files for custody of the child in Pennsylvania and Mother wants the case to be heard in Maryland, and asks the Pennsylvania court to defer jurisdiction to Maryland, how is the proper forum determined? In cases such as this, Pennsylvania will use the Uniform Child Custody Jurisdiction Enforcement Act or the UCCJEA.
Under the UCCJEA a Pennsylvania court will look to the child's “home state” to determine jurisdiction. The child's home state is determined by the place that the child resided for six months consecutively immediately preceding the filing of the custody action. The UCCJEA provides that “the state with the closest connections to, and the most evidence regarding a child should decide a child's custody.” If the child is very young, or has moved around a lot, and has no home state, then the courts use other factors to determine home state. Among those other factors are significant contacts the Child has with the jurisdiction, such as family contacts, medical contacts, school, etc. The Court also may consider which jurisdiction is more convenient for the child.
If you are involved in a custody case where more than one state is involved, you may wish to consult with your attorney about determining the state where the case should be decided.