Under what circumstances do the Uccja and the Uccjea encourage states to decline jurisdiction?
A court must decline to exercise jurisdiction if a party has engaged in unjustifiable misconduct that resulted in the court’s jurisdiction over the case. UCCJEA, §208.
What is the primary jurisdictional test under the Uniform Child Custody Jurisdiction and Enforcement Act Uccjea )?
Under the UCCJEA, the original custody decree- granting state retains exclusive jurisdiction until it determines that the child, the child’s parents, and any person acting as a parent no longer have a significant connection with the state or until any state determines that the child, the child’s parents, and any person …
What are the types of custody in Michigan?
In Michigan, there are two types of custody: legal and physical. Legal custody is the ability to make important life decisions for your child, such as health care, education, child care and general welfare.
What is considered an unfit parent in Michigan?
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
What is an emergency residence order?
An emergency residence order is an order given to safeguard a child from ongoing risk; physical, mental, or emotional harm in situations of emergency. An application for an emergency residence order can be made by anyone who perceives a child is suffering, or his/her life is in danger.
What is UCCJEA Florida?
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT.
Does the UCCJEA apply internationally?
The short answer is yes, it can. Under the UCCJEA, Virginia courts must treat a foreign country as if it were a state for purposes of determining a child’s home state.
What is a declaration UCCJEA?
Again, if you have minor children of the marriage, you’re going to complete FL-105 which is the declaration called, “The Uniform Child Custody Jurisdiction and Enforcement Act” or “UCCJEA” (abbreviated due to its very long name).
Do you have to pay child support if you have 50/50 custody in Michigan?
If you have a reasonable parenting time arrangement, use your average number of annual overnights or ask the court to order a specific parenting time schedule. Despite common misconceptions, equal parenting time (50/50) does not eliminate child support, nor does zero parenting time.
How is child custody determined in Michigan?
The judge must decide if joint custody is in the best interests of the child. The judge could award joint custody and equally divide the time the child spends with each parent.
Is Michigan a mom State?
When a married, opposite-sex couple has a child, the mother’s spouse is presumed to be the father. In Michigan, this principle is extended to married same-sex couples as well under the state’s Equitable Parent Doctrine (see Paternity Suit FAQs for a general explanation).