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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. [1] The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands.
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.
This bill indicated that the court should consider awarding joint custody but established that there should be no presumption for any form of custody. This bill passed by unanimous vote in the Virginia House and the Virginia Senate and became law on 18 May 2018. [38]
A Juvenile and Domestic Relations District Court, in Virginia, handles all cases involving juvenile crime, child abuse or child neglect, disputes involving custody and visitation, and other family-related matters, as well as cases in which a child or family member is an alleged victim (it can try misdemeanors, but only preliminary hearings in adult felonies).
[7] [20] As examples, Arizona passed such a law in 2012, [22] Missouri in 2016 [23] and Virginia in 2018. [24] No mention of joint physical custody as a suitable option, although a judge may still grant it if both parents agree or if the judge consider it to be in the best interest of the child. [7] [20]
The Act also establishes which state's law will be applied in proceedings under the Act, an important factor as support laws vary greatly among the states. [5] The Act establishes rules requiring every state to defer to child support orders entered by the state courts of the child's home state.
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