Nashville UCCJEA Lawyer
Skilled UCCJEA Lawyers Serving Nashville, Tennessee
The Uniform Law Commission (ULC) was established in 1892 as a non-partisan group that works to create well-drafted legislation. The ULC is responsible for drafting and circulating uniform acts, which are proposed legislative acts which seek for the same law to be adopted across the country. There are four (4) uniform acts that have been passed into law by the Tennessee Legislature: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Child Abduction Prevention Act (UCAPA), the Deployed Parents Custody Visitation Act (UDPCVA), and the Interstate Family Support Act (UIFSA).
The UCCJEA- Uniform Child Custody Jurisdiction and Enforcement Act
The purpose of the Uniform Child Custody Jurisdiction and Enforcement Act is to ensure that at any given time only one state has jurisdiction to enter and enforce the provisions of child custody orders. The UCCJEA establishes requisite standards for the initial entry of child custody determinations and specifies when a court in one state can modify a child custody order from another state. Out-of-state custody orders are provided full faith and credit across all 50 states.
If you and your child’s parent do not live in the same state, you need an attorney who understands the UCCJEA and can help you decide where the most appropriate place is to file your case. Normally, the state that will have jurisdiction to hear matters will be the child’s home state, which is defined as the state where the child has primarily resided for the six (6) months prior to the filing of your suit; however, there are numerous exceptions to this general rule, including for emergencies. Transfer of cases is not always mandatory. Because the UCCJEA is very fact specific, is important to speak with an attorney for an honest evaluation of all the factors affecting your case. Failure to understand the UCCJEA can result in delays in resolving your matter and in the unnecessary spending of attorney fees. Ultimately, the UCCJEA is the act that helps parents establish whether their custody case should be heard in Tennessee or not. Filing a case in Tennessee or attempting to transfer a case from Tennessee often becomes a question of strategy. Be sure to speak with our knowledgeable Nashville UCCJEA lawyer if this situation arises.
The UIFSA- Uniform Interstate Family Support Act
The Uniform Interstate Family Support Act has been adopted in all 50 states and is codified in Tennessee under Title 36, Chapter 5, Parts 20-29. The purpose of UIFSA is to allow the enforcement of child support orders issued by an out-of-state Court. If you have issues collecting the child support that you are entitled to receive from a Court in another state, you need an attorney who understands UIFSA and can help you collect what you are owed.
The UCAPA- Uniform Child Abduction Prevention Act
Tennessee is one of 15 states that has enacted the Uniform Child Abduction Prevention Act. UCAPA is codified in Tennessee under Title 36, Chapter 6, Sections 601-612. The purpose of the UCAPA is to help the courts identify families with children who are at risk of abduction and to prevent the abduction of children. If your child’s parent has threatened to abduct them or if you have serious concerns that they intend to kidnap your child, the Court has the power to enter Orders to put protective measures in place to keep your child safe. Children who have extended family members living outside of the United States or whose parents have dual citizenship may be especially at risk. Preventing abductions before they happen is much easier than seeking to have a child returned to you after they have been taken.
The UDPCVA- Uniform Deployed Parents Custody and Visitation Act
Tennessee is one of 16 states that has enacted the Uniform Deployed Parents Custody and Visitation Act. It is codified in Tennessee under Title 36, Chapter 7, Section 1-1 to 503. If you are currently serving in the military or other national service, you are entitled to special protections to ensure you can maintain a close and continuing relationship with your child, before, during, and after deployment. If your child’s parent is currently serving in the military or other national service, it is important for you to have an attorney who is familiar with the UDPCVA and can properly advise you of the special steps that need to be taken in resolving your divorce or child custody matter.
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To understand UCCJEA laws and how to move forward, our Nashville UCCJEA lawyers are here to help you. Contact our firm today.