SB 495 - This act establishes the Uniform Child Custody Jurisdiction and Enforcement Act to replace the current Uniform Child Custody Jurisdiction Act. This act limits child custody jurisdiction to one state, avoiding competing orders, and provides enforcement provisions for child custody orders. The act vests exclusive and continuing jurisdiction over child custody in the courts of the child's home state. The child's home state is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding, or since birth, for children younger than six months. If the child has not lived in any state for at least six months, then a court that has "significant connections" with the child may assume child-custody jurisdiction. If more than one state has significant connections with the child, the courts of those states must communicate and determine which state has the most significant connections to the child.
Once a custody determination has been made, a court of another state does not have authority to modify the determination unless the state with jurisdiction determines that it does not have jurisdiction or any state court determines that the child, parents, or any acting parents do not reside in the state which currently has jurisdiction.
A state which does not otherwise have jurisdiction may enter a temporary emergency order if the child is in danger and needs immediate protection. After issuing the order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time period for the parties to return to the state having jurisdiction and argue the issues to the court with jurisdiction. If there is no previous child custody order in existence, the emergency court's order will remain in effect until a determination is made in a court having home state jurisdiction over the child. If no determination is made and the emergency court's state becomes the home state of the child, the emergency order becomes a final determination of custody.
This act is identical to HB 470 (2007).
ADRIANE CROUSE