Ellen Paynter – Michigan Divorce Lawyer - Michigan Divorce and Family Law Firm

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The UCCJEA

What is the UCCJEA

Michigan has enacted the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (known as the UCCJEA).

  • This law is called a “uniform” act, because most of the states in the United States also have enacted this act.  As of January 22, 2016, the only Massachusetts and Puerto Rico have not enacted it.
  • It provides that the initial child custody determinations should be made by the child’s “home state”.
  • It also provides direction for when a new state can take over jurisdiction in an existing case with a minor child.

What is the home state of the minor child

The UCCJEA defines the “home state” of the minor child as:

“the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of a parent or person acting as a parent is included as part of the period.”  MCL 722.1102(g).

In my new case, how does the UCCJEA effect me

Every divorce, custody and paternity complaint that is filed in Michigan as the first court action regarding a minor child, is required to provide information pursuant to the UCCJEA, called the UCCJEA Affidavit.

  • If you are filing your divorce, custody or paternity case in Michigan, and the minor child of the action has resided in Michigan for the last 6 months, then the UCCJEA will not effect you, other than to confirm you are filing your case in the right place.
  • If you wish to file your divorce, custody or paternity case in Michigan and your minor child of the action has not resided in Michigan for the last 6 months, then you will need to look to the UCCJEA for direction as to whether or not you can file your matter

In my old case, how does the UCCJEA effect me

If you have an old case from another state (or country) that includes custody and parenting time issues, and the minor child no longer lives in that state (or county), neither parent lives in that state (or country), and the minor child has lived in Michigan for more than 6 months, the UCCJEA  may provide you with the ability to move the old case to Michigan.

There are other provisions in the UCCJEA that may provide you with the ability to change the Jurisdiction of your case to Michigan even if you have not been here with the minor child for at least 6 months.

Enforce a custody order from another state

Maybe you don’t want to move your case to Michigan, but you want to have Michigan enforce your order from another state.  The UCCJEA has a provision for that too.

The reality is that if you have an order from another state, Michigan will not enforce it until it is registered by the Michigan Court.  Even then, the local law enforcement in Michigan will usually require a pick up order from the same Michigan Court if their assistance is required in the return of the child.

If there is no emergency, and no need for the return of the child, and one just wants to register the case here for potential future enforcement, the Friend of the Court in the county you wish to register the order will generally assist with the process.  Otherwise, if you need the registration done in a timely manner, and require the immediate return of the child, you should have an attorney assist you with the registration of the custody order.  Our office has extensive experience in registration of out of state custody orders and enforcement of out of state custody orders.

LET US HELP YOU

The above is not intended to be legal advice, and is only a brief overview of UCCJEA in Michigan. If you have any questions regarding the UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT ACT in Michigan, or if you believe you may be facing a UCCJEA issue in Michigan, contact us  today. Call us at 248-851-7555, and Ellen Paynter will consult with you about how the UCCJEA may effect your case.