In Pennsylvania, jurisdiction in child custody cases is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Jurisdiction in child custody cases is an issue that arises often and has been seen numerous times in appellate decisions. The recent case of B.L. v. T.B., __ A.3d __, 2016 Pa. Super 284 (Dec. 13, 2016), is the third reported appellate case addressing the issue of jurisdiction in child custody cases in the last two years.
As I indicated in previous articles, with the exception of Massachusetts, all of the states in the United States have adopted the UCCJEA. Under the UCCJEA, the primary focus is on the home state of the child. The UCCJEA defines home state as: “The state in which the child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.” The UCCJEA also emphasizes exclusive continuing jurisdiction in an effort to avoid forum shopping and multiple states entering multiple custody orders.
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