The Uniform Child Custody Jurisdiction And Enforcement Act is a statute that 49 states have enacted, and it basically states that the jurisdiction over such matters as child custody shall remain with the child’s home state. A child’s home state is basically defined as the jurisdiction where the child lived with a parent for at least six consecutive months prior to the commencement of a family law action. Recently, a judge in New York went against the tenets of this law, and her decision was upheld by the New York Court of Appeals.
Specifically, a judge in New York refused to send a child back to New Mexico when a motion was made in court to do so even though New Mexico was considered the child’s ‘home state’ under the UCCJAE. This is believed to be the first time this has been done, and the judge made this decision because of what the higher court called, temporary emergency jurisdiction “under the unique circumstances of this case.”
The judge decided to have the child remain in New York because of the abject abuse that the child had suffered at the hands of parents in New Mexico. This abuse was so terrifying that the judge felt that she had no choice but to refuse to follow the statute. The decision was appealed, but the higher court affirmed the decision, and this affirmation could set a precedent that affects how this law is handled in the future around the country.
San Diego Child Custody Lawyers
While laws are obviously important and they must be followed under almost any circumstance, there are situations where the best interests of a child will tend to be more important than even multi-jurisdiction laws that are designed to prevent these situations. Judges, as it turns out, can make decisions based on facts and have them trump the law.
If you are facing a situation that involves custody, you need to seek the help of San Diego child custody lawyers who have been fighting for the rights of fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.