Determining child custody can be a messy experience for many families. This can be especially true when parents live in two different states, or if a parent even lives in a different country. In the first part of this two-part blog series, we looked at how jurisdiction is initially determined for child custody proceedings when parents do not live in the same state using the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA.) In most cases, the custody proceedings which determine parenting time and decision-making responsibilities will take place in the child's home state. However, there are some situations in which the child may not have a home state or another reason may exist why the home state will not hear the child’s case.
Exceptions to the Home State Rule
As previously discussed, the home state rule is typically enough for courts to determine which state has jurisdiction over a child custody case. However, circumstances may exist that make it impossible or imprudent to use the home state rule. In these cases, different rules apply when determining jurisdiction. If the home state rule does not apply, the following rules will apply in order of application:
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