The very first question a court must address in any custody dispute is the issue of jurisdiction which means whether the court has the authority to grant the requested relief. To address the issue of jurisdiction, Missouri enacted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The purpose of the UCCJEA is to provide one and only one court in the world to have the ability to consider custody issues in a particular case. Often parents live in different states,.
And even different countries, after separating, and one parent may want home court advantage or wish to find a state where the parent believes the law would be more favorable on a particular issue. To prevent this type of forum shopping, the UCCJEA designates the home state of the child as the exclusive forum for deciding custody matters. The home state is the state in which the child has resided for the six months preceding the filing of a custody action. So, as an example, if husband and wife living in Missouri separate and wife moves with the.
Children to illinois, wife may decide to file in illinois right away so that illinois may decide custody. However, if the children have not lived in Illinois for at least six months, Missouri will remain the home state and the presumptive forum to hear the case. The key thing to keep in mind is that if, after divorce, one or both of the parents move to another state, seek out a knowledgeable attorney who can make sure youre not wasting valuable resources seeking custody decisions in the wrong jurisdiction.
Divorce Paternity The Marks Law Firm
paternity refers to the process of establishing legal rights to children born outside of marriage. Many people do not realize that parents of children born outside of marriage do not have the same rights of custody as parents of children born during marriage. In Missouri and Illinois, as in most states, when a child is born outside of marriage, without taking appropriate legal measures, a mother in this situation has no ability to make the father of her child pay child support, and the father has no ability to make the mother of his child provide custodial.
Access. Paternity issues usually arise in three situations: when a mother wants the presumed father of her child to help financially support the child; when a putative father wants to have legal and physical custody rights to his child; and when a father under an administrative duty of child support, perhaps because the mother did no more than list his name on the birth certificate, wants to challenge his status as the father of the child.
Both mothers and fathers have time issues to consider, as the law places time limits to claim all financial support dating not only to the time of birth but also for pregnancy related expenses, and also on the time to challenge parentage. If parentage becomes a disputed issue, the court will likely require DNA testing to establish whether a putative father is in fact the natural father of the child or children at issue. Once a party files a paternity action, that party can seek an order of financial support.