M06

.docx

School

Ivy Tech Community College, Indianapolis *

*We aren’t endorsed by this school

Course

209-30D

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

2

Uploaded by sscoville15

Report
Sidney Scoville M06 Assignment - Child Custody Jurisdiction 1. Traditionally, what was the basis for child custody jurisdiction in the United States? The basis for child custody jurisdiction in the nineteenth and twentieth centuries was domicile. This was supported by arguments made by judges and scholars, such as in the Pannoyer v. Neff case. The presence of the kid in the state and personal jurisdiction over both parents were additional grounds that subsequently emerged. There were no longer any restrictions on jurisdictional constraints following the 1953 decision by the United States Supreme Court regarding the requirement for personal jurisdiction over the defendant in a custody case. a. What problems did this basis create? State courts became more assertive in claiming their initial jurisdiction in custody issues without the presence of domicile following the aforementioned declaration. A problem this created was that a parent would relocate to a new state to hopefully get a ruling in their favor. Also, parties could receive multiple orders in different states. This caused it difficult to enforce the orders. b. Give three specific examples of how interstate custody issues were addressed by the acts. Cite the textbook, the Act, and a case. A custody order in one state is valid and enforceable in another state. Therefore, parents are unable to move across state lines without following set guidelines. The "Full Faith and Credit Clause" of the United States Constitution outlines procedures that judges can utilize to properly enforce judgments rendered by courts in other states. In Fisher v. Waldrop, the court determined that in order to make interstate custody easy, practical, and economical, courts must always observe full faith and credit requirements. Russo v. Russo, 714 A.2d 466 (Pa. Super. Ct. 1998). The Court’s order implicated the court’s in personam jurisdiction. Goodin v. Department of Human Services, 772 So. 2d 1051 - Miss: Supreme Court 2000. This case was regarding the
enforcement of an Arizona order in Mississippi. It dealt with personal jurisdiction; as a result, Mississippi was allowed to enforce the order because the subject had been duly served there. The Uniform Child Custody Jurisdiction and Enforcement Act lays out guidelines that courts must adhere to. Only Massachusetts and Vermont currently do not adhere to the UCCJA provisions among the existing states. Seekins v. Hamm, 2015 Me. 157, 129 A.3d 940 (Me. 2015). The court declined jurisdiction because the child did not have a home state in the United States. 2. What are the four jurisdictional bases under the UCCJEA and PKPA? Why were these laws enacted? The UCCJEA and PKPA each prescribe four bases for jurisdiction: (1) home state; (2) significant connection, plus evidence regarding the best interests of the child; (3) emergency; and (4) last resort. The PKPA, UCCJAM, and the Child Abduction are designed to prevent child kidnapping. This provides a process for deciding which court has jurisdiction to decide a custody case. These laws deal with the issues that arise when one parent violates another's right to custody by taking the child out of his "home state" or "habitual residence" and relocating him to another jurisdiction, or when the parent keeps the child while doing something that is against the other parent's interests or rights to custody. 3. Under what circumstances to the UCCJA and UCCJEA encourage states to decline jurisdiction? A court must decline exercising jurisdiction when the petitioner is engaged in wrongful conduct, such as improperly removing the child from the home state. Also, states are encouraged to decline jurisdiction if another state is better suited to hear the matter and it would be more convenient in another location.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help