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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that determines which state’s courts have jurisdiction to make and modify child-custody determination. The Act requires that state courts enforce child custody and visitation orders made by sister states. Under the UCCJEA, the “home state”, or state where the child has lived for the last six months, has priority in original custody cases. Where a state has made an initial custody determination, that state will continue to have jurisdiction over the case. In certain cases, another state may be permitted to exercise emergency jurisdiction notwithstanding the fact that another state is the home state of the child. However, the statute specifically directs other state courts to decline jurisdiction created by unjustifiable conduct such as abducting a child from his or her home state.

The Hague Convention on the Civil Aspects of International Child Abduction creates a mechanism for the quick recovery of a child wrongly taken to another county. Eighty nations have ratified this treaty and 59 have entered into specific agreements with the United States concerning the return of children under this treaty. Most countries from the Middle East and South America have not ratified this treaty nor have Japan, mainland China or the Philippines . An application for return of a child under the Hague Convention may be made when a child is taken or retained across an international border, away from his or her habitual residence, without the consent of a parent who has rights of custody, if the two countries are parties to the Convention. The child must be promptly returned to the habitual residence unless the return will create a grave risk of harm to the child

The Law Office of Mercedes Neira can assist you in establishing or enforcing custody and visitation rights across state and country lines.

In addition, we can advise parties of the possible ramifications attendant to living as husband and wife in different states or countries around the world should their marriage end in divorce.