Understanding the Uniform Child Custody Jurisdiction and Enforcement Act

Aug 5, 2025 | Content

Going through a divorce is challenging for parents and their children. However, it can be even more challenging when your former spouse lives in another state. In these cases, arranging for custody and visitation adds another layer of complexity.

If you need help understanding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), our legal team at the Atlanta Divorce Law Group is here to help you. Keep reading to learn which state’s court can make or modify your family’s custody arrangements.

Why Is the UCCJEA Important?

Georgia passed the UCCJEA into law in 2001. This legislation should help prevent custody disputes between parents who live in different states by determining which state has jurisdiction over these matters.

Family courts recognize the importance of stability in a child’s life, especially after a divorce. The UCCJEA works to provide this by giving the child’s home state priority for making initial custody decisions. The home state is considered the place where the child lived with a parent or other guardian for the last six consecutive months before filing for custody. This law also addresses custody matters that involve domestic violence in which the victim may need to find safe refuge in another state.

What if the Child’s Home State Is Unclear?

If the child does not have a home state per the definition of the UCCJEA, Georgia’s family court can assume jurisdiction over custody matters. However, the judge may want to ensure that the child and their parents have clear connections, relationships, care, and protection in the state. If the family court is unable to determine the child’s home state, it can assign a default jurisdiction in the state where the minor is residing at the time.

Maintaining Jurisdiction and Modification of Orders

Once the state of Georgia has made an initial decision regarding custody of the child, its family court system typically retains jurisdiction, following the UCCJEA, as long as the child and their custodial family continue to reside in the state. It also has the authority to modify those orders going forward. This policy helps prevent conflicting orders in multiple states while also streamlining interstate custody matters.

Consult With a Knowledgeable Attorney To Understand the UCCJEA

Understanding the Uniform Child Custody Jurisdiction and Enforcement Act can be confusing for most parents. We recommend reaching out to the experienced legal advisors at the Atlanta Divorce Law Group for help deciphering the provisions of this legislation.

Contact our office today and schedule a free consultation with a member of our team. Our goal is to look out for you and your child’s best interests and provide you with the help you need.


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