Custody Hearing Procedures and Jurisdiction

Custody disputes typically arise during divorce proceedings. If the dispute cannot be resolved, the assigned judge will ultimately make the decision according to what is in the best interest of the child. If custody has already been placed by agreement or by the trial judge, (post judgment) with a change in circumstances or the showing of good cause, either party may petition the court for a change in the custodial arrangement.

UNIFORM CHILD CUSTODY JURISDICTION ACT

These are the purposes of the UCCJA:

(a) To avoid jurisdiction custody conflicts between states.

(b) To promote cooperation between different states.

(c) To provide for litigation to take place in the state with the "closest connection" to the child.

(d) To discourage continuing controversy by encouraging binding decisions.

(e) To penalize parents for "abductions and other unilateral removals of children."

The UCCJA applies to custody and visitation and includes juvenile dependency, guardianship, and stepparent adoption cases. It has been adopted in every state and in the District of Columbia, but not in Puerto Rico and the Virgin Islands. Because it is a uniform act, state court interpretations may be cited as the authority. The provisions of the UCCJA apply in international custody disputes, even though foreign jurisdiction does not follow the UCCJA.

The UCCJA maintains that the child's home state or "recent home state" (the home state if not for a recent abduction) is the preferred forum to determine custody. Thus, the state can assume jurisdiction if it is now, or if it has been within six months prior to the commencement of proceedings, the child's home state.

A court may exercise jurisdiction in the following circumstances:

• When a child and at least one contestant have a significant connection with the state and substantial evidence concerning the child's present or future care, protection, training, and personal relationships is available in the state.
• If it is in the best interest of the child and no other state has jurisdiction, or if another state has declined to exercise jurisdiction on the grounds that the first state is a more appropriate forum.
• If the child is physically present in the state and has been abandoned, or if the child must be protected because he or she has been subjected to or threatened with mistreatment or abuse, or is otherwise neglected.

The experienced attorneys at Twiss and Twiss have handled many contentious child custody cases. We know that the best solution is one that both parents and the child will be happy with. We can make custody decisions much easier for your family by providing you with the best up-to-date legal knowledge and advice.