I have custody of my son, but the court papers state that his mom has custody. Where do I file to get legal custody of the child?
• A: The Uniform Child Custody and Jurisdiction Act (“UCCJA”) and the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) normally govern multi-state custody matters. Under the UCCJA in many states, and under the UCCJEA, you likely need to file in the state where custody has been addressed before. Under the UCCJA in some states, you may be able to file in your state. The UCCJA was an attempt at a uniform law that would resolve lots of problems. Unfortunately, it left out some important language, and the 50 states each filled in the blanks on their own. The UCCJEA attempted to resolve the problems among the states, and a large number of states have adopted the new law. There are exceptions to the continuing jurisdiction that the state first ordering custody enjoys. Many attorneys give free consultations, so speak with some.
