Puja Sachdev | June 30, 2025 | Child Custody
If you or your child has lived in different states or a move is impending, you may be subject to the rules established by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in California.
This important law can significantly impact your child custody case. In this blog, we break down what it means and how it could affect your rights as a parent. An experienced family law attorney can help you navigate these complexities should you have further questions.
The Uniform Child Custody Jurisdiction and Enforcement Act (CCJEA)
The UCCJEA is a uniform law pertaining to how courts determine jurisdiction in interstate child custody cases. Most states have adopted this law. The purpose of the UCCJEA is to prevent parental kidnapping and to establish consistent rules for determining which state has jurisdiction over child custody cases and has the authority to make decisions in these cases that involve multiple states.
The law was originally created to serve as a model rule for states to adopt to ensure consistency in handling child custody cases across various states when parents live in different states or countries. Now, most states have adopted the UCCJEA.
The UCCJEA in California
California is one of the states that has passed the UCCJEA. These rules are incorporated in various state family law statutes. The UCCJEA law governs the following critical components of child custody cases in California:
- When family courts in California can make initial child custody and visitation orders
- When these courts can modify another state’s or country’s orders regarding child custody or visitation
- The registration and acceptance of child custody orders from other states and countries
- The determination of which state has the power to make child custody or visitation orders when multiple states have the authority to do so
- When California courts can issue temporary emergency orders regarding child custody or visitation
UCCJEA Declaration
When a parent or guardian has a case affecting child custody or visitation, they must complete a declaration of UCCJEA form. This form provides basic information about the child, the parents, and existing child custody orders.
UCCJEA Emergency Jurisdiction
In some situations, California courts can issue temporary emergency orders regarding child custody or visitation even when these courts would generally not have the authority to make an initial order or modify an existing order from another state. Under California law, a family court in the state can issue an emergency order regarding child custody or visitation when:
A child is present in the state and has been abandoned, it’s necessary in an emergency to protect the child, or the child has been unable to obtain gender affirming health or mental health care. There are special rules concerning how long the order stays in effect and the information the order must include.
UCCJEA Transfer of Jurisdiction
Under the UCCJEA, the original state that made a custody order typically retains exclusive jurisdiction of a case until certain conditions are met. Jurisdiction can be transferred to another state if the original state no longer has significant connections to the child or if none of the parties reside in the original state.
Contact an Experienced Family Law Lawyer for Help With Your Case
If your case involves competing jurisdiction arguments or a move-away, you need an experienced family law attorney for help. Reach out to San Diego Divorce Lawyers, APC, to learn how we can help you during a complimentary consultation and discuss how the UCCJEA may apply to your case.
Contact our experienced San Diego child custody lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Call us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
