There’s No Place Like Home (State): Jurisdictional Issues in Custody Cases

Minnesota is one of 49 states that has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). When parents live in different states, the UCCJEA is a uniform law that determines which state has jurisdiction to make child-related determinations, including legal custody, physical custody, and parenting time.  Because laws on custody and parenting time vary by state, the UCCJEA discourages parents from forum shopping (i.e., moving a child to a specific state for an advantage in litigation).

Generally, Minnesota has jurisdiction to make an initial child custody decision if Minnesota is the home state of the child: (1) on the date the custody proceeding was initiated; or (2) was the home state of the child within six months before the custody proceeding was initiated and the child is now absent from the state but a parent (or person acting as a parent) continues to live in Minnesota.

What does “home state” mean?

“Home state” means the state where a child lived with a parent (or a person acting as their parent) for at least six consecutive months immediately before a custody proceeding is initiated. If a child is less than six months old, then “home state” means the state where the child lived from birth.

Can Minnesota ever exercise jurisdiction if it is not the child’s “home state”?

It depends. There are a few circumstances in which Minnesota may not be the home state of the child, but a Minnesota court may still have the authority to make the initial custody order. For example, if a court of another state does not have home state jurisdiction or has declined to exercise jurisdiction because Minnesota is the more appropriate forum, then Minnesota may exercise jurisdiction if: (1) the child and a parent have a significant connection with Minnesota beyond a mere physical presence; and (2) there is substantial evidence available in Minnesota regarding the child’s care and personal relationships.

In addition, Minnesota courts have temporary emergency jurisdiction over custody issues if a child is in Minnesota and: (1) the child has been abandoned; (2) the child needs protection because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse; or (3) the child has been unable to obtain gender-affirming health care in their state.

If a custody proceeding is not initiated in the child’s home state, then the temporary decision in Minnesota may become a final determination, and Minnesota may become the child’s home state.  However, if a separate custody proceeding is initiated in another state and Minnesota is asked to exercise temporary emergency jurisdiction, then the two courts are required to immediately communicate to address the emergency, ensure the safety of the child, and decide how long any temporary emergency order will remain in effect.

Does the UCCJEA apply to child support?

No, the UCCJEA only applies to custody and parenting time issues.  A separate uniform law, the Uniform Interstate Family Support Act (UIFSA), applies to interstate jurisdictional issues related to child support.

Conclusion

Interstate jurisdictional issues can be difficult to navigate and highly fact sensitive. A family law attorney can provide guidance and explain this complex area of the law.  Please reach out to the Bravura Group if you have questions about where to initiate a custody action, or if you are dealing with a jurisdictional dispute in your family law case.