Ann Arbor Michigan Uniform Child Custody Jurisdiction and Enforcement Act

• Category: Michigan Family Law - Child Support
• State: Michigan
• City: Ann Arbor
• Control #: MI-BM-091-04-F
• Format: Word; Rich Text

Description

This document provides the framework for determining which state's court should resolve custody/parenting time disputes and further establishes a mechanism for the enforcement of other states' custody and parenting time orders. The Ann Arbor Michigan Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) is a legislative framework that governs child custody matters across state lines and assists in enforcing custody orders. This important act provides a comprehensive set of guidelines and procedures for determining which state has jurisdiction over child custody cases and how custody orders from one state can be recognized and enforced in another. Under the Ann Arbor Michigan McCrea, there are two significant types of jurisdiction: initial jurisdiction and continuing jurisdiction. Initial jurisdiction refers to the state with the authority to make an initial child custody determination, while continuing jurisdiction pertains to the state that retains the power to modify or enforce the initial custody order. The McCrea ensures that the child's best interests are safeguarded by prioritizing stability and reducing jurisdictional conflicts in child custody cases. Key provisions of the Ann Arbor Michigan McCrea include: 1. Exclusive and continuing jurisdiction: This provision establishes that only one state, typically the child's home state, has the authority to make an initial custody determination. Once a state has obtained jurisdiction, it retains the power to modify and enforce the order. 2. Home state jurisdiction: Emphasizing the child's attachment and familiarity, the McCrea designates the child's home state as the preferred jurisdiction. This is the state where the child has resided for a certain period before the commencement of custody proceedings. 3. Significant connections' jurisdiction: In situations where no home state is available, the McCrea grants jurisdiction to a state with substantial connections to the child and at least one parent, such as the child's state of birth or where there is a substantial amount of evidence concerning the child's care, protection, training, and personal relationships. 4. Exclusive continuing jurisdiction: Once a state has made a custody determination, it retains exclusive jurisdiction unless specific circumstances arise, such as the child or both parents no longer having a significant connection with the state. 5. Modification jurisdiction: The McCrea establishes guidelines on when and where a custody order can be modified. It requires that the modifying court have jurisdiction as determined by the McCrea provisions or where the child and at least one parent have a significant connection with the state. 6. Enforcement: The Ann Arbor Michigan McCrea provides procedures for enforcing custody orders from another state. If a custody order has been issued in compliance with the McCrea requirements, it is generally entitled to full faith and credit, meaning it can be enforced as if it were a custody order issued by the enforcing state. In summary, the Ann Arbor Michigan Uniform Child Custody Jurisdiction and Enforcement Act is a crucial legal framework that helps resolve jurisdictional conflicts and ensures the child's best interests are protected in interstate child custody cases. By providing guidelines for initial jurisdiction, continuing jurisdiction, and enforcement of custody orders, the McCrea aims to maintain stability and consistency in child custody arrangements.

The Ann Arbor Michigan Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) is a legislative framework that governs child custody matters across state lines and assists in enforcing custody orders. This important act provides a comprehensive set of guidelines and procedures for determining which state has jurisdiction over child custody cases and how custody orders from one state can be recognized and enforced in another. Under the Ann Arbor Michigan McCrea, there are two significant types of jurisdiction: initial jurisdiction and continuing jurisdiction. Initial jurisdiction refers to the state with the authority to make an initial child custody determination, while continuing jurisdiction pertains to the state that retains the power to modify or enforce the initial custody order. The McCrea ensures that the child's best interests are safeguarded by prioritizing stability and reducing jurisdictional conflicts in child custody cases. Key provisions of the Ann Arbor Michigan McCrea include: 1. Exclusive and continuing jurisdiction: This provision establishes that only one state, typically the child's home state, has the authority to make an initial custody determination. Once a state has obtained jurisdiction, it retains the power to modify and enforce the order. 2. Home state jurisdiction: Emphasizing the child's attachment and familiarity, the McCrea designates the child's home state as the preferred jurisdiction. This is the state where the child has resided for a certain period before the commencement of custody proceedings. 3. Significant connections' jurisdiction: In situations where no home state is available, the McCrea grants jurisdiction to a state with substantial connections to the child and at least one parent, such as the child's state of birth or where there is a substantial amount of evidence concerning the child's care, protection, training, and personal relationships. 4. Exclusive continuing jurisdiction: Once a state has made a custody determination, it retains exclusive jurisdiction unless specific circumstances arise, such as the child or both parents no longer having a significant connection with the state. 5. Modification jurisdiction: The McCrea establishes guidelines on when and where a custody order can be modified. It requires that the modifying court have jurisdiction as determined by the McCrea provisions or where the child and at least one parent have a significant connection with the state. 6. Enforcement: The Ann Arbor Michigan McCrea provides procedures for enforcing custody orders from another state. If a custody order has been issued in compliance with the McCrea requirements, it is generally entitled to full faith and credit, meaning it can be enforced as if it were a custody order issued by the enforcing state. In summary, the Ann Arbor Michigan Uniform Child Custody Jurisdiction and Enforcement Act is a crucial legal framework that helps resolve jurisdictional conflicts and ensures the child's best interests are protected in interstate child custody cases. By providing guidelines for initial jurisdiction, continuing jurisdiction, and enforcement of custody orders, the McCrea aims to maintain stability and consistency in child custody arrangements.