Q: What state has Jurisdiction under UCCJEA?
4 Children born NE
Mother and 2 children move to IL
Father and 2 children remain in NE
2 children travel to NE for summer vacation.
Father files Emer. custody and doesn't return children to IL
Mother was never served and notification was published in NE newspaper.
Mother is partially disabled and cant travel to NE to fight in court.
Father refuses contact with Mother and her family (grandmother and.aunt who live in NE)
Mother cleared for travel, and goes to NE
Father still refuses contact. Mother doesn't know what to do, goes back to IL
Child Support proceedings start.
Again, mother not notified. Still disabled, unable to work and now ordered to pay over 250/month when she has no Income.
Now, Father takes off to TX with children without notifying the court or Mother.
Father can't support kids, sends 1 child back to NE to Non-Relative & attempts suicide. CPS removed children and refused to return to mother
3 in Tx &1 in NE
A: For an initial custody determination, the state where the children have been residing the last 6 months is generally the court/state that gets to decide the custody issues. For a modification action, jurisdiction generally remains with the original jurisdiction as long as at least one of the parents continues to reside in that jurisdiction. Generally a parent needs court permission in order to move a child from Nebraska.
The rules for custody jurisdiction are different than the rules for a child support only order. Custody jurisdiction is generally determined under the UCCJEA. Child support only jurisdiction is generally determined under the UIFSA.
There are exceptions to these rules and a court can have emergency temporary jurisdiction as well.
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