In order for a court to hear and preside over a case, it must have the legal authority and power to do so. This extremely important power is called jurisdiction. In many cases it is obvious which court has jurisdiction. In the example of a married couple of ten years who has always resided, worked and raised their children in San Diego, divorce and child custody issues would be heard in the Superior Court of California in the County of San Diego. In other cases where one or both parents have relocated outside of California during the marriage, however, jurisdiction may be a complex issue that must be addressed.
The Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA, was created with the intention of establishing uniformity in the way that custody, visitation and enforcement issues are treated by courts throughout the states. The UCCJEA creates clear standards and processes for judges; this in turn results in the ability to better prepare client’s cases. The UCCJEA greatly helps to reduce bureaucratic red tape when varying jurisdictions are involved.
The Uniform Interstate Family Support Act, or UIFSA was created to establish that issues pertaining to support are treated uniformly throughout the 50 states. The Act gives continuing exclusive jurisdiction to one state at a time, thus avoiding conflicting orders. The state with continuing exclusive jurisdiction has the power to decide and modify child support issues and in so doing utilizes its own child support guidelines. The Act addresses the establishment, enforcement, modification of child support orders.
The UCCJEA states that the child’s home state is determined by where he or she has resided during the past six months. Thus, jurisdiction for new child custody matters rest in a court of that state. Courts of different states often communicate with each other when establishing and resolving matters of custody, support and enforcement.
Whatever family law issues you are going through, we can help. We are experienced and qualified family law attorneys who genuinely care about the well-being of our clients. We understand the indescribable emotions that often arise when matters of divorce and child custody become a stark reality. We provide the legal expertise that is absolutely required to attain the best possible outcome in every case. We pride ourselves in our ability to help our clients obtain the results they want so that they can continue on with their lives. For a complimentary phone consultation with Yelman & Associates, San Diego Family Law Attorneys, please call us at (619) 282-1107, or (760) 480-8400.
. . . 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
San Diego, Ca 92108