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What Is the Uniform Child Custody Jurisdiction and Enforcement Act?

 Posted on October 01, 2015 in Divorce

Following a child custody court order is sometimes an emotionally challenging thing to do, especially when the order is not in your favor. To mitigate the actions of those non-custodial parents who are tempted to remove their child from the state—referred to as interstate kidnapping—every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act. In the event that your child is taken out of the state by his or her non-custodial parent or in violation of a court order, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows for a determination to be made about which state has jurisdiction over the custody case, and can be key in the enforcement of a custody order. For help understanding the UCCJEA and enforcing a child custody order, consult with a Wheaton child custody attorney today.

The Basics of Illinois’ UCCJEA

Illinois’ UCCJEA addresses a number of issues related to parental kidnapping and a state’s jurisdiction over a custody case. If a custody issue is pending and there are questions over which state has legal jurisdiction, the Illinois UCCJEA will determine whether or not the state of Illinois has the power and authority to hear the case and make a determination about it. In the event that the authority of two or more states is in question, the law prevents both states from making a determination about the custody case.

How Does the UCCJEA Affect Me?
In the event that your child’s other parent removes your child from the state in which you live in a manner that is unauthorized by the court or that violates a court order, the guidelines stipulated by the UCCJEA will be very important. This is because if your child is currently in a different state, the state in which your child is residing may attempt to claim jurisdiction over the case. Another state’s court may attempt to block or change a custody order that is different from the original one that you received within your own state. UCCJEA laws can prevent that from happening, protecting your rights.

Do I Need a UCCJEA Attorney?

The laws found under the UCCJEA are very complex. And, each state has its own version of the UCCJEA, which can result in a custody case being even more convoluted. A UCCJEA attorney can help you to understand:

  • What UCCJEA rules apply to your case;
  • How the UCCJEA works when a parent or parent and child are in different states;
  • How a child’s home state is determined in a custody case;
  • Whether or not the home state always has jurisdiction; and
  • How the UCCJEA can be essential in a child custody enforcement order.

Attempting to resolve an interstate custody dispute without a UCCJEA attorney can be extremely taxing and complicated.

Contact a Child Custody Attorney in Illinois Today

There are legal protections in place in the event that your child is taken out of the state or there are questions as to which state has jurisdiction over your child custody case. The experienced Wheaton child custody attorneys at Fay, Farrow & Associates, P.C. can help you to understand the UCCJEA and its legal bearing on your case. To learn more, call us today at 630-961-0060 for a free case consultation.

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