Uniform Child Custody Jurisdiction Act – Is It Real?

A parent facing the prospect of divorce and a child custody dispute will almost certainly find a reference to something called the Uniform Child Custody Jurisdiction Act. It sounds simple enough and the mere use of the term “uniform” may create the impression that there is “a law” out there that defines the rights of each parent and lays out in precise terms how child custody issues get resolved in an orderly and logical manner.

That impression is wrong.

There is such a thing as the Uniform Child Custody Jurisdiction Act. In fact, there are two of them. One was created in 1968 and one was created in 1997. They are not the same.

What is a Uniform Law?

[Source: Cornell Legal Institute]
The phrase “Uniform Laws” can be misleading. Upon approval by the National Conference a Uniform Law is not law anywhere in the United States. It is simply a legislative proposal addressed to fifty state legislatures. During the history of the Conference, roughly half its proposals have not been adopted by a single state. (Examples include the Uniform Construction Lien Act (1987), the Uniform Franchise and Business Opportunities Act (1987), the Uniform Putative and Unknown Fathers Act (1988).) In addition, most of those that have enjoyed reasonable success have fallen way short of the goal of adoption by all or even a majority of the states. Furthermore, the versions of the “Uniform Laws” passed by the states are rarely uniform. Variations occur at the outset since prior law or other special local conditions lead states to make changes; rarely do states adopt Uniform Laws verbatim. A second source of variance is the Conference itself. Having adopted a successful Uniform Law, the Commissioners are prompted, just as true legislators are, to revised it from time to time in the light of changing conditions and policies. This results in multiple versions of some Uniform Laws, and unless and until the states that adopted an earlier version enact the Commissioners’ revisions in multiple versions in effect in the states. There are, for example, at least two versions of the Uniform Probate Code in force in the states, the original code and 1989-1990 revisions which some states have not adopted and others have adopted only in part. In short, uniformity has proven an illusive goal.

Your state may have adopted all or part of the 1968 version or the 1997 version or neither version at all. This link to the Cornell Legal Institute shows which states have adopted at least some parts of which version of the Uniform Child Custody Jurisdiction Act.

You can use the additional links to research the law for each state. A better choice. Or least a more readable and understandable choice is the CHILD CUSTODY STATE LAWS (2009 Edition) There is a new 15 to 17 page report for each of the 50 states and DC. All State Laws concerning: (1) CUSTODY, (2) VISITATION, and (3) CHILD SUPPORT are covered. There is no complicated legal language. Everything is written clearly and concisely for men and women involved in child custody issues. Each Report discusses the State Laws, with emphasis on how these laws pertain to you. “Frequently Asked Questions” are included for each section—these are answers to questions from men and women just like you. AVAILABLE: All 50 states and DC.