IAAL

[Whyte Noise]

What is the name of your state? Missouri

You stated in a reply to Pansy that it was called the UCCJEA, not UCCJA.

Not all states have enacted UCCJEA. As of March of this year, only 30 states had. Some have legislation pending that would replace the UCCJA with UCCJEA, but my state, Missouri, is one of those that still has UCCJA.

My question is this... if you're dealing with 2 states that have differing versions (one UCCJEA, the other UCCJA) which state's version takes precedence? The original issuing state (which has UCCJEA), or the current home state where the modification may take place (which has UCCJA)?

[I AM ALWAYS LIABLE]

Originally posted by MissouriGal
What is the name of your state? Missouri

You stated in a reply to Pansy that it was called the UCCJEA, not UCCJA.

Not all states have enacted UCCJEA. As of March of this year, only 30 states had. Some have legislation pending that would replace the UCCJA with UCCJEA, but my state, Missouri, is one of those that still has UCCJA.

My question is this... if you're dealing with 2 states that have differing versions (one UCCJEA, the other UCCJA) which state's version takes precedence? The original issuing state (which has UCCJEA), or the current home state where the modification may take place (which has UCCJA)?

My response:

It would be always be the original issuing State (the child's "Home State") until such time and custody enforcement is transferred, if at all, to the new State.

Actually, as of March 2003, the UCCJEA has been enacted in 31 U.S. jurisdictions: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maine, Michigan, Minnesota, Montana, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Tennessee, Texas, Utah, Virginia, Washington and West Virginia.

Bills proposing to adopt the Act were introduced in 2003 in Indiana, Kentucky, Massachusetts, Mississippi, Nebraska, Nevada, New Jersey and Rhode Island.

Nonetheless, sister state custody orders must be given full faith and credit so long as the forum court exercised jurisdiction in "substantial conformity with" the UCCJEA or its determination was made "under factual circumstances meeting the jurisdictional standards" of the UCCJEA (and has not otherwise been modified pursuant to the UCCJEA).

Moreover, a semblance of jurisdictional uniformity is ensured among all states in any event because of the preemptive FPKPA, applicable nationwide.

IAAL

[Whyte Noise]

Actually, you listed 32 territories, not 31 if ya wanna get all technical on me here.

The reason I ask is because under UCCJEA, as under FPKPA, "home state" always supercedes any other criteria, yet it also states that the issuing state has continuing, exclusive jurisdiction as long as one of the parties remains in the state. So, if an order was established in a UCCJEA state, yet another state operating under UCCJA has the authority (under their own states guidelines) to assume jurisdiction in a modification proceeding, I was confused as to which state would actually have jurisdiction.

I ask this in re: my own case as well. Georgia is the issuing state. One party still lives there. (CP) The other party and the children (NCP) reside in Missouri. Under Missouri's guidelines, Missouri would be the forum to file modification proceedings as this will be the child's home state and significant evidence is available in the state concerning the children's care, protection, training and personal relationships. (I.E. school, medical, parent, stepparent, etc.) Under Georgia statute 19-9-62, it states,

"(a) Except as otherwise provided in Code Section 19-9-64, a court of this state which has made a child custody determination consistent with Code Section 19-9-61 or 19-9-63 has exclusive, continuing jurisdiction over the determination until:

(1) A court of this state determines that neither the child nor the child´s parents or any person acting as a parent has a significant connection with this state and that substantial evidence is no longer available in this state concerning the child´s care, protection, training, and personal relationships; or

(2) A court of this state or a court of another state determines that neither the child nor the child´s parents or any person acting as a parent presently resides in this state."

Attorney's in both Georgia and Missouri conclude that Missouri would be the forum to modify the existing Georgia order. However, I'm still hesitant because of the Georgia statute wording of "neither the child nor the child's parents (plural)".

Oh well, I have motions drawn up for both states, so if I can't do it here, I'll file it in Georgia.

Thanks for the info!

[I AM ALWAYS LIABLE]

My response:

MG, you miscounted. There's only 31 States at this point, not 32.

Anyway, I like your understanding and grasp of the UCCJA and UCCJEA. You're one smart person, kiddo. It's nice to be able to have an intelligent conversation with a knowledgeable person, like yourself.

Good luck to you.

IAAL

[Whyte Noise]

Why, thank you kind sir.

But, I beg to differ. Yes, there are 31 STATES listed in your list, but there is also the Disctrict of Columbia too. Which would be the 32nd.

And actually, I found a list on [url]www.nccusl.org[/url] that lists 35 states (inluding DC as a "state") that have adopted the UCCJEA and then 5 that have legislation pending this year.

I went a-searching after I read your first response.