## Interstate child custody (UCCJEA) in West Virginia When parents live in different states (or one moves with a child), the **Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)** decides which state's court can hear a custody case. Adopted by West Virginia and 48 other states + DC (only Massachusetts holds out — uses similar law). ## Why UCCJEA matters Without UCCJEA, parents could: - Forum-shop for favorable courts - Snatch children to favorable jurisdictions - Get conflicting orders from multiple states - Re-litigate endlessly UCCJEA prevents this by giving ONE state at a time exclusive jurisdiction. ## "Home state" — the key concept **Home state** = state where child has lived with a parent for **6 consecutive months** immediately before custody proceeding (or since birth if under 6 months). **Initial jurisdiction** rules (in priority order): 1. **Home state** of child 2. State with **significant connections** (if no home state) 3. **More appropriate forum** (if no other basis) 4. **Vacuum jurisdiction** (if no other state qualifies) ## Exclusive continuing jurisdiction Once a state issues custody order, it KEEPS jurisdiction until: - All parents + child no longer have significant connection with state, OR - All parents + child no longer reside in state Other states must respect original state's jurisdiction. ## Modification of out-of-state orders **General rule:** Original state has exclusive jurisdiction to modify until they lose it. **Other state can modify only if:** 1. Original state has lost continuing jurisdiction, AND 2. New state is now home state OR has significant connections ## Emergency jurisdiction **Temporary emergency jurisdiction** when child is: - Present in state, AND - Abandoned, OR - Subjected to (or threatened with) abuse Court issues TEMPORARY orders only — must coordinate with home state. ## Common scenarios **Scenario 1: Mom moves to new state with child.** - Mom must wait 6 months in new state for it to become home state - During that 6 months, original state retains jurisdiction - Dad can file in original state to prevent forum shift **Scenario 2: Parent abducts child.** - New state CANNOT take jurisdiction based on abduction - Original state retains exclusive jurisdiction - UCCJEA + Hague Convention may apply **Scenario 3: Both parents move to different states.** - Original state may lose continuing jurisdiction - Need to determine which state is now home state - May require coordination between courts **Scenario 4: Military deployment.** - UCCJEA addresses deploying parents - Servicemembers Civil Relief Act + state laws protect deployed parents ## Inconvenient forum Court with jurisdiction may DECLINE if: - Other state more appropriate - Domestic violence factor - Length of child's residence elsewhere - Distance / financial circumstances - Witnesses / evidence located elsewhere - Familiarity with applicable law ## Hague Convention **International cases** governed by **Hague Convention on the Civil Aspects of International Child Abduction**: - 100+ signatory countries - 1-year window to seek return - Returns child to "habitual residence" country - Limited defenses (grave risk of harm, etc.) - Federal court jurisdiction (ICARA) **Non-Hague countries** require diplomatic / civil action — much harder. ## Registration of out-of-state orders **To enforce another state's order in ${s.name}:** - File certified copy with court - Provide notice to other parent - Other parent has limited time to object - Once registered, enforced like local order ## What to do If you're facing interstate custody issues in West Virginia: act quickly — UCCJEA timing matters. Hire a family-law attorney with multi-state experience. Many West Virginia family attorneys handle these cases. International cases require Hague-experienced counsel. --- *This guide is general information about West Virginia and federal law as of mid-2026 and is not legal advice. Interstate custody is technical + time-sensitive. Talk to a licensed West Virginia family attorney about your specific situation.*