Are you planning a move out of state with your children? Then it is essential to understand the Child Custody Jurisdiction and Enforcement Act (CCJEA), which has been in effect since 1997. This act was put into place so one state can remain in charge of custody orders and modifications for parents and their children. It prevents multiple custody orders from being in effect, which can ultimately streamline the process and help prevent any parental kidnappings. Let’s take a look at how the CCJEA works.
What is The History of The CCJEA?
Prior to the enforcement of the CCJEA, it was not uncommon for non-custodial parents to abduct their children and go to another state. This was often in hopes that the other state’s legal system would be more sympathetic to their case. While this may not seem plausible, these tactics often resulted in success for the non-custodial parent.
Due to the alarming rate of abductions taking place, the government sought to put an end to them through several different acts.
By the end of 1981, every state had adopted the Uniform Child Custody Jurisdiction Act. This was paramount in establishing guidelines for custody issues between states. Furthermore, the Parent’s Kidnapping Prevention Act was established in the same year. While the objectives of these acts were the same, it wasn’t until 1997 that their concepts were unified under the Uniform Child Custody Jurisdiction and Enforcement Act in 1997.
What Does The CCJEA Do?
The CCJEA is designed to protect children from parental kidnapping. It requires all states to recognize court orders from other states that involve child custody or visitation rights. The act also provides guidelines for when a court should assume jurisdiction over custody cases involving multiple states, as well as enforcement measures for ensuring that these orders are followed.
This means that if you are relocating with your children, you will need to notify the courts in both your current state of residence and your new state of residence so that they can work together to ensure a smooth transition with no legal issues. Furthermore, it will be necessary to modify the custody agreement according to the transition and changes in circumstances.
How Does The CCJEA Prevent Parental Kidnapping?
If two parents live in separate states, each could attempt to file for custody in their own respective states without notifying the other parent or court before doing so. This could result in two different custody orders being issued, one from each parent’s home state. If this were to happen, it would be difficult for either court to enforce its order because it wouldn’t have control over both parties involved.
The CCJEA helps prevent this scenario by requiring both courts to communicate with one another prior to making decisions about child custody matters that involve multiple states. This ensures that only one court is making decisions about a particular case, thereby avoiding conflicting or overlapping orders between two different jurisdictions. Additionally, this act provides enforcement measures should either party violate any portion of an existing order issued by either court.
Attorneys WhoCan Help You Understand
No matter where you live, it is important to understand how the CCJEA works if you are planning on relocating out of state with your children. By understanding this important piece of legislation, you can ensure that any moves will go off without a hitch and avoid any potentially dangerous situations involving parental kidnapping or conflicting orders between two separate jurisdictions.
When you need assistance with this process, know that you can turn to Denver Family Lawyers for advice. We are prepared to help ensure that your custody agreement is sorted out before a big move.
To schedule a consultation, call us at (303) 225-3343 or visit us online.