UCCJEA stands for “Uniform Child Custody Jurisdiction and Enforcement Act,” a law that has been enacted in all fifty states. UCCJEA is intended to assure that disputes regarding the making of orders for custody and enforcement are handled in a “uniform” manner throughout the U.S. This does not mean that the outcome will be the same, but rather that each state will handle disputes over which court has authority to make and/or enforce child-sharing orders in a consistent manner. As a practical matter, UCCJEA requires that the judges in different states discuss which state is the more appropriate place for disputes regarding custody and visitation to be heard.
UIFSA stands for “Uniform Interstate Family Support Act,” a law that has been enacted in all fifty states. UIFSA is intended to assure that disputes regarding support are handled in a “uniform” manner throughout the U.S. This does not mean that the outcome will be the same, but rather that each state will enforce the other state’s support orders in a consistent manner. UIFSA is an outgrowth of the Federal government’s effort to reduce the staggering amount of unpaid child support.
If California originally issued the order regarding child-sharing, then it retains the power (“jurisdiction”) to make further orders regarding child-sharing. This rule also applies to orders that were originally made in other states. Even if you and the other parent agree to change which state will hear future matters, this can only happen if the original court relinquishes its jurisdiction (gives up its power) to make child-sharing orders and transfers its authority to a different court. There are special rules governing when the case can be transferred.
If both parties have moved from California and the children have lived in another state for at least six months, then that state may be determined to be the “home state” of the children. It may then be possible for that state to take over jurisdiction regarding the issues of custody and visitation. However, if one parent still remains in California although the children have moved out of California, California could still retain jurisdiction over the issues of custody and visitation. You should seek advise of counsel on this issue if a change of jurisdiction is warranted.
Normally, you would file in California. California has continuing jurisdiction (authority) to modify its own support orders, because the original order was made here.
You could “register” your California support order in Virginia, which would allow the Virginia court to modify the order. However, this could give rise to an enforcement problem, because there must be a connection between the payor and the state in which the court order is issued for it to be enforceable, which in this case is established because the person lives here.
. . . you went above and beyond the call. You were experienced, clever and did your homework . . . You researched and obtained more in court than what we asked for and we won, won won. A million Thanks. [UCCJEA]
I am exceedingly pleased with the results. . . your diligent efforts on my behalf will benefit my family not only now but in the immediate and long term future. I was very selective when choosing an attorney . . . I realize now how important that decision really was. . .[Divorce]
San Diego, CA
I had been through two attorneys . . . I needed a powerhouse in my corner. . .The true test was when we [went] into court . . . I walked out of the court room amazed with her talent and care. . . My only regret is that I didn’t have her from the beginning . . .
I am extremely appreciative for all you have done and continue to do for me. I truly believe someone was looking out for me when I found you to represent me at that horrific time in my life . . . You and you entire staff are the dream team and I am thankful for all you do!! Thanks to every one of you!!
San Diego, CA
Although I never plan to be in this situation again, I would recommend Yelman & Associates to anyone going through a divorce. Of the many lawyers I have encountered within the courthouse . . [you are] . . . one of the most competent, intelligent, and genuinely caring attorneys . . .
My wife and I would like to say thank you for the outstanding work you did for us. Words cannot give our appreciation justice . . . Your service and knowledge was second to none . . . We will proudly recommend you and your firm to anyone we know who may be in need of legal assistance.
San Diego, CA
Charles Kim Jr.
to set up a
Yelman & Associates
3333 Camino Del Rio South
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