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 Oregon, as in most other states, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) governs jurisdiction 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. Temporary absence from the state does not change this. If there is no home state or the home state declines jurisdiction, other factors such as significant connections and substantial evidence concerning the child's care, protection, training, and personal relationships in another state may come into play. Oregon courts will apply the UCCJEA to determine if they have jurisdiction to hear a custody case when there are significant contacts with more than one state.