Nassau County Interstate Child Custody Attorney
Understanding Interstate Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is in place to add uniformity regarding child custody orders from state to state. The details of the act are contained in New York Domestic Relations Laws (NY DOM REL). The act was conceived in 1997 by the National Commission on Uniform State Laws, and is recognized in New York and 49 U.S. states. The UCCJEA replaced a prior custody act known as the Parental Kidnapping Prevention Act.
The act provides a good means of enforcing custody and visitation-related matters and is very much geared toward child safety. It does this by better protecting those impacted by domestic violence, spousal abuse, and child abuse. Another fundamental aspect of the UCCJEA is defining a child’s "home state." The determination of the home state involves the following:
- The state that a child has had continued residence in for a six-month period with one of the parents.
- For children yet to reach the age of six months, the period is then defined as the time since birth.
- Two factors in making this determination are referred to as "significant connection" and "substantive evidence."
- Connections must be present between the child, one of the parents, and the court to assume jurisdiction. Evidence of connections within the state must include other factors then simply a physical presence in the state.
- The court must recognize substantive evidence such as the relations between the child and parents, social environment, and what situations are in the child’s best interest.
- Often, courts will communicate in order to make the proper determination as to which should handle the custody case.
Temporary Emergency Jurisdiction
If the court where the child is physically present determines that the child is subject to critical dangerous conditions (imminent harm), they are to proceed with temporary emergency jurisdiction with the following considerations:
- If there have not been prior established custody proceedings in other courts, then determinations temporarily made will remain in force until court jurisdiction is made elsewhere.
- If another court in the meanwhile is determined to have jurisdiction, that other court must be properly informed of the imminent risk of harm that existed so the safety of the child is maintained.
The UCCJEA has inherent goals of insuring court-to-court communication and that a child’s best interest is maintained. For this purpose, the act requires that all courts retain record of all relative transcripts, records, and documentation about custody proceedings until the child is 18.
Those in the greater Long Island and Nassau County area with matters concerning child custody, visitation, or relocation are encouraged to contact the Law Offices of Paul A. Boronow, PC, at (516) 227-5353. We offer a free initial consultation where we can discuss the details of your individual situation.
More questions about Custody & Visitation?
Call us today at 516-227-5353 for a free consultation
Dedicated. Compassionate. On Your Side