A parent moves to a new state and files for custody there. Suddenly, the other parent is being pulled into a courtroom hundreds of miles away, worried that the original order might be challenged, or that the case could shift to the new state entirely.
These kinds of cross-state custody cases often feel disorienting. The truth is, there are rules in place to prevent that from happening.
Enter the Uniform Child Custody Jurisdiction and Enforcement Act. It organizes the legal process, protects children from being moved and re-moved through dueling court orders, and shields parents from having their rights erased by another state.
Here’s what you need to know.
What is the UCCJEA, and What is its Purpose?
UCCJEA stands for the Uniform Child Custody Jurisdiction and Enforcement Act. It’s a law adopted by nearly every U.S. state, including California, to help decide which state’s court has the authority to make or change custody decisions when parents live in different states.
At its core, the UCCJEA is not about deciding who should get custody. It’s about deciding where that decision should happen.
The law’s goal is simple: make sure only one state handles a custody case at a time. This keeps parents from filing the same case in multiple states, which can lead to conflicting orders and confusion over who has custody or visitation rights.
It also helps protect children from being uprooted suddenly or used as leverage in long-distance disputes.
It also gives courts a shared legal framework, so judges in different states don’t have to guess how to handle a custody case that crosses state lines. Everyone plays by the same rules.
UCCJEA Jurisdiction: How the Right Court Is Chosen
Here’s how courts decide which state has the legal authority (called “jurisdiction”) to make or change a custody order:
Home State Rule
The home state is the place where the child has lived with a parent for at least six months before the custody case is filed. This is the most important factor, and it often decides the issue right away.
If the child is younger than six months, the home state is where the child has lived since birth.
Temporary travel or short visits don’t change the home state. The court looks at where the child has truly been living, not just passing through.
UCCJEA Home State Definition
“Home State means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child‑custody proceeding.
In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.”
If No Home State Applies: Look for Strong Ties
Sometimes, no state qualifies as the home state. This might happen if the child has recently moved or has been moving back and forth. In these cases, a court can take the case if:
- The child and at least one parent have meaningful ties to that state (like school, doctors, or family), and
- There’s solid evidence about the child’s care in that state.
Emergency Jurisdiction: When Immediate Action Is Needed
If a child is in California and faces abuse, abandonment, or serious risk, the court can issue temporary emergency orders, even if another state normally has jurisdiction.
These orders are limited in scope. They exist to protect the child in the moment, not to make long-term custody decisions. Once the immediate danger is addressed, the case must return to the state that holds proper jurisdiction under the UCCJEA.
Continuing Exclusive Jurisdiction: Sticking With the Original Court
Once a court legally decides custody, it keeps that authority, even if the child or parents move, unless:
- Everyone involved has moved out of that state, or
- The original court decides that another state now makes more sense.
This keeps parents from jumping courts just because they’ve relocated.
How California Applies the UCCJEA
California didn’t just adopt the UCCJEA; it integrated it directly into its legal system through Family Code Sections 3400 to 3465.
When California Has Jurisdiction
California can hear a custody case under the UCCJEA if one of the following is true:
- It’s the child’s home state, or
- No other state qualifies as the home state, and the child and at least one parent have meaningful ties to California. Those ties might include things like extended family, school enrollment, medical care, or stable housing, and there must be reliable evidence about the child’s life available here.
In either situation, the court still checks to make sure that no other state is already handling the same custody matter. If another state has already taken jurisdiction, California must wait for that state to formally step aside.
Modifying Another State’s Custody Order
California can modify an existing custody order from another state, but only if two things happen:
- California meets the requirements for making an initial custody decision under the UCCJEA, and
- The state that issued the original order agrees to give up its role.
Registering Out-of-State or Foreign Orders
You can register a custody order from another state, or even another country, in a California court. This lets California courts enforce the order without restarting the case or relitigating the original custody decision.
UCCJEA Conference Between Judges: How Courts Coordinate Across States
The UCCJEA requires judges in different states to communicate directly when there’s a question about which court should handle a custody case.
If two parents file in two different states, the courts don’t battle it out. Instead, the judges hold a judicial conference to decide which state has the stronger claim to the case. This is often done by phone, and attorneys for both sides may be allowed to listen in.
This direct communication prevents courts from stepping on each other’s authority, helps avoid delays, confusion, and unnecessary legal costs. It also keeps the focus where it belongs: on what’s best for the child.
What Judges Weigh When Picking the Right Forum
When two courts could claim jurisdiction, judges work together to choose the more appropriate one.
Here’s what courts often consider when choosing the more appropriate forum:
- Where the child goes to school or daycare, and how settled they are there
- Who provides day-to-day care, including meals, homework, and medical appointments
- Where key people live, like doctors, teachers, therapists, or extended family
- How long the child has lived in each place, not just where they are today
- Whether one parent moved the child without notice, or filed first to gain an edge
- Any history of family violence, instability, or risk
The goal is to choose the court that has the clearest view of the child’s life and needs.
UCCJEA and UIFSA: When Custody and Child Support Cross Paths
The UCCJEA covers child custody and parenting time. UIFSA—the Uniform Interstate Family Support Act—covers child support when parents live in different states. Both laws aim to prevent confusion and conflicting rulings, but they operate separately.
Still, in many cases, the two come into play at the same time.
Let’s say a family splits up in California. The mother stays in Los Angeles with the child, and the father moves to Arizona. Years later, he files to change custody and lower child support. In this situation:
- California likely keeps custody jurisdiction under the UCCJEA, especially if the child still lives there.
- Arizona may handle support if the father lives and works there, depending on how and where enforcement has occurred.
Even though custody and support involve the same child, they don’t always follow the same legal path. That’s because the two laws look at different things:
- UCCJEA looks at the child’s living situation and where evidence about parenting exists.
- UIFSA looks at where the parent responsible for support lives and earns income.
Understanding the difference helps avoid filing in the wrong court or expecting a support order to come with custody changes, or vice versa.
Common Pitfalls That Can Hurt Your Case
Many parents misunderstand how the UCCJEA works. Here are a few errors to avoid:
- Filing too soon in a new state
Just because you’ve moved doesn’t mean your new state can decide custody. Unless you’ve met the home state rule or the original court has stepped aside, your case may be dismissed. - Assuming both parents can “agree” to change courts
Parents can’t just agree to move a custody case across state lines. Only the court with current jurisdiction can give it up, and it must follow specific legal steps. - Using emergency orders to bypass proper jurisdiction
If your child is in immediate danger, California can act, but only temporarily. Once the emergency passes, jurisdiction still returns to the state that legally holds it. - Trying to gain an advantage through relocation
If a parent moves or files in another state just to improve their position, courts can deny that new state’s jurisdiction under the UCCJEA’s “unjustifiable conduct” rule.
Each of these mistakes can delay your case, increase legal costs, and even damage your credibility with the court. The safest approach is always to check jurisdiction before taking legal action, especially if another state is involved.
UCCJEA and “Unjustifiable Conduct”
A court may refuse to hear a custody case if a parent’s actions amount to unjustifiable conduct. This typically means trying to manipulate the legal system, like moving a child to another state to gain an unfair legal advantage.
If the court finds that one parent acted in bad faith, it can decline jurisdiction, sanction that parent, or shift legal costs. The goal is to discourage custody games and protect the child’s stability.
FAQ: Understanding the UCCJEA in California
Are guardianship petitions of a minor subject to UCCJEA rules?
Yes, if the guardianship involves custody or visitation rights. The UCCJEA applies to any legal proceeding that decides who has physical custody or decision-making authority over a child—even when it’s called a guardianship case.
What is the purpose of the UCCJEA?
The UCCJEA ensures that only one state’s court can handle a custody case at a time. This prevents conflicting orders, forum-shopping, and sudden relocations that disrupt a child’s stability. It gives courts a shared rulebook for handling cross-state custody disputes.
Are all states bound by the UCCJEA?
Almost. The UCCJEA has been adopted by 49 states, the District of Columbia, and several U.S. territories. Massachusetts is the only state that has not yet enacted it. Still, even in non-adopting states, courts may follow similar principles under other laws like the federal PKPA.
What happens at a UCCJEA hearing?
A UCCJEA hearing focuses on which state has the legal right to decide custody—not on who should win the case. The court reviews facts like where the child has been living, which court handled past orders, and whether another state is already involved. If another state has jurisdiction, the case may be dismissed or transferred.
