In child custody disputes in which the parents and children have significant contacts with more than one state—such as having homes in multiple states and spending significant amounts of time in multiple states—there may be a question of which state’s courts have jurisdiction over the child custody dispute (the authority to hear and decide the dispute). The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) is a law adopted by most states (all but Massachusetts) that determines which state’s courts have jurisdiction to hear and decide a child custody dispute in such a situation.
In Kansas, as in most other states, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) governs jurisdictional issues in child custody disputes involving multiple states. The UCCJEA aims to avoid conflicts between states in custody decisions, promote cooperation among states, and protect the best interests of the children involved. Under the UCCJEA, the child's 'home state'—defined as the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of the child custody proceeding—generally has jurisdiction. If the child is less than six months old, the home state is where the child has lived since birth. The Act also provides for circumstances where the home state declines jurisdiction because it is an inconvenient forum or if no state qualifies as the home state. In cases where the child has significant connections to more than one state, the courts will consider which state has the most substantial evidence concerning the child's care, protection, training, and personal relationships. The UCCJEA also provides for enforcement of child custody orders from other states and requires states to give full faith and credit to valid custody determinations made by other states in compliance with the Act.