Jurisdiction in Child Custody Cases
When couples divorce and there are children involved, one of the most contentious issues is child custody. Who gets custody of the children? Where will the children live most of the time?
If both parents have lived in Kentucky for a while, are currently living in the state, and will continue to live there for the foreseeable future, then jurisdiction will likely not be an issue. Kentucky will be considered the child’s home state for custody purposes.
However, this is not always the case. There are situations in which a parent has moved on after a divorce and has relocated out of state. Or maybe a parent has significant ties elsewhere, such as family in another state.
These are examples of situations in which there may be custody disputes. Because of this, there is a law in place called the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The UCCJEA is in place in 49 out of the 50 states (Massachusetts is the only exception) and is often used in child custody cases to guide the jurisdictional disputes that may arise.
What Does the UCCJEA Do?
The UCCJEA governs multiple situations, such as the following:
- When a Kentucky court can make an initial decision on custody and visitation
- When the court can alter the custody decision of another state or country
- When Kentucky courts may enforce the child custody and visitation decisions of other states and countries
- Which state should have the power to make a child custody and visitation decision if multiple states have authority
- When Kentucky courts can issue an emergency order of custody or visitation
Comparing KRS 403.822(1) and KRS 403.822(1)(b)
For the purposes of this blog, we are discussing two situations: home state and significant connections. Under KRS 403.822(1), Kentucky is determined to be the child’s home state if the child lived there for at least the past six months before the child custody proceedings began (or since birth if the child is under 6 months old). This is true even if the child no longer lives in the state as long as one parent continues to live in Kentucky.
KRS 403.822(1)(b) focuses on a significant connection. It is possible that Kentucky is not the child’s home state but may be the more appropriate forum for determining child custody due to a significant connection. A state has “significant connection” jurisdiction if the child and one or both parents have a significant connection with the state. This may be determined by the child’s personal relationships, care, or training. For example, if a parent moves to Illinois because they have family and more job opportunities there, then Illinois may end up being the state that determines child custody in this case.
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There may be situations in which jurisdiction may be in another state than one may presume without understanding the complexities of the law.
Child custody cases are not always cut and dry. There courts will use the law to make the decisions when the parents cannot agree. The Kentucky child custody lawyers at Velez Law, PLLC, can help you understand the laws involved. Fill out the online form or click below link to schedule a consultation.