UCCJEA jurisdiction is Subject Matter Jurisdiction, which may not be waived or conferred by consent.
Courts are expected to examine the pleadings to learn if they disclose a sufficient factual basis for asserting custody jurisdiction. Many states have statutes mandating that.
If the CA court is aware that a child is currently a resident of and living in Florida, and the petitioner is seeking an initial custody determination on that child in CA, the CA court must decliine to take jurisdiction over the child custody proceeding, even if mom does not object.
Courts are expected to examine the pleadings to learn if they disclose a sufficient factual basis for asserting custody jurisdiction. Many states have statutes mandating that.
If the CA court is aware that a child is currently a resident of and living in Florida, and the petitioner is seeking an initial custody determination on that child in CA, the CA court must decliine to take jurisdiction over the child custody proceeding, even if mom does not object.
Last edited: