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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and Sacramento Divorce, Part 1

| Aug 17, 2012 | Firm News |

The Background and History

The UCCJEA is a model custody law that has been adopted by all of the states in the USA except for Vermont and the US Territory of Puerto Rico.  The law is supposed to clarify which state holds the jurisdictional authority to decide the child custody rights of the parents.  It was passed in order to discourage parents from filing dueling custody cases in different states and “forum-shopping” for state custody laws favorable to them.

Most parties to a Sacramento divorce are unaware of the role of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in their divorce and child custody matters.  In most cases between divorcing spouses and child custody litigants, the parties live in California and their interaction with the UCCJEA is very brief.  As a part of any divorce or paternity case, the parties are required to prepare FL-105 UCCJEA form.  This form requires the parents to disclose the current and prior address residences of all of the children.  The court requires this disclosure so that it is more clear which state has proper jurisdictional authority to make child custody orders.  This form must be completed and filed/served by both the mother and father of the children.  In cases where both parents have lived in California with the children for several years, filling out this form will likely be their only interaction with the UCCJEA.

If you are unsure how to prepare forms such as this, please give us a call.  Our Sacramento divorce and Sacramento child custody attorneys can help you properly complete this form as a part of your Sacramento divorce.