Which state has jurisdiction over divorce?
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Which state has jurisdiction over divorce?
A: The home state of the child has custody jurisdiction, unless one state asserts continuing jurisdiction. The state that rendered the original custody decree can assert jurisdiction in any modification proceeding as long as one of the parties remains a resident and that state has jurisdiction under its own laws.
Does Uccjea apply to guardianship?
37 Specifically, courts in UCCJEA States must comply with the statute when custody and visitation issues arise in proceedings for divorce, separation, ne- glect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence.
What does Judge look for in custody battles?
Family Law, Best interests – Primary considerations for child custody: The court will determine what is in the child’s best interests by giving weight to two primary considerations: the benefit to the child of having a meaningful relationship with both of the child’s parents; and.
What happens when a custody case goes to trial?
If both parents can come to a mutual agreement regarding ongoing arrangements for the children, the agreement can be finalised by the court in a Consent Order. If you are unable to agree, the court will conduct a Final Hearing (referred to as a “trial” in the Family Court), and the court will make Final Orders.
