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.
Uniform Child Custody Jurisdiction and Enforcement Act
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.
Uniform Interstate Family Support Act
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.
Where Has the Child Resided for the Past Six Months?
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.
Client Testimonials
- “We have been battling this [UCCJEA] child custody case for 8 plus years with thousands of dollars in expense. We have had 4 other attorneys. The other 4 attorneys just did their jobs with minimal results. We were tired of getting lip service and to quote other attorneys, one said ‘lets cross our fingers and hope for the best.’ Another said ‘just talk to my secretaries and they will take care of you.’ We could never get in touch with them. When we hired Neumann Family Law, APC, we were excited by your willingness to serve us in a personal way, and to make an understatement, you went above and beyond the call. You were experienced, clever and did your homework when presenting our case . . . and obtained more in court than what we asked for. . . We appreciate it from the bottom of our hearts and God Bless you in your ventures.” T.G. – Castroville
- “I had the pleasure of retaining Neumann Family Law, APC twice since 1995 to represent me. [They] handled two very complicated cases; one being a move away order and the other an inter-state jurisdiction order. [They] worked extremely hard on both of these cases not only in the courtroom but collecting all data that we needed. . . I have the utmost confidence in [them] and would not hesitate to retain [their] services again or refer Neumann Family Law, APC to anyone who needs bright, perceptive and knowledgeable representation!” D.W. Las Vegas, NV
Complimentary Phone Consultation with Neumann Family Law, APC, San Diego Family Law Attorneys
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 Neumann Family Law, APC, San Diego Family Law Attorneys, please call us at (619) 282-1107, or (760) 480-8400.
