Divorce With Respect

What Is Out-Of-State Custody?

The Uniform Child Custody Jurisdiction Act (UCCJEA) was enacted to deal with our mobile society, and the UCCJEA deals with the specific question of where an action for custody should be heard. The general functions of the UCCJEA are:

  1. To avoid conflicting orders in different states;
  2. To promote cooperation between states to determine which state is the more appropriate state to make decisions affecting a child or children;
  3. To make sure that custody litigation takes place in the state where the child has the closest connection and where the more significant evidence regarding the child’s care, education, etc., exists;
  4. To discourage continuing litigation over custody issues;
  5. To deter abductions or the removing of children in order to obtain custody awards;
  6. To avoid the relitigation of custody decisions of other states;
  7. To facilitate enforcement of custody orders of other states; and
  8. To promote and expand the exchange of information and other forms of mutual assistance between the courts.