As a family lawyer, one of the most urgent and emotional calls to get is from a parent saying, “My ex just took our child to another state without my consent. What can I do?”
When this happens, it often feels like a nightmare, and you may be worried, angry, and confused about what your legal rights are and what steps to take next.
Fortunately, there is a legal framework that can help—it’s called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
What is the UCCJEA?
The UCCJEA is a law that helps determine which state has the power to make decisions about your child’s custody when more than one state is involved. It exists to prevent parents from “forum shopping” (trying to get a more favorable custody ruling in another state) and to help courts work together when custody issues cross state lines.
The UCCJEA has been adopted by all states (with the exception of Massachusetts), along with the District of Columbia, Guam and the Virgin Islands. Massachusetts remains the lone holdout where the prior version of the UCCJEA—the Uniform Child Custody Jurisdiction Act (UCCJA)—continues to be the law.
How does the UCCJEA Work?
The UCCJEA provides rules for deciding which state’s court has jurisdiction (legal authority) over a custody case. It doesn’t decide how custody should be awarded—that’s still up to each state’s laws—but it ensures only one state handles the case at a time.
Home State Jurisdiction
If there is no custody order yet, the first question the court must answer is: Which state has the legal authority to make an initial custody decision?
Under the UCCJEA there are four possible bases for a court to have initial custody jurisdiction:
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- Home State Jurisdiction,
- Significant Connection Jurisdiction,
- More Appropriate Forum, and
- Vacuum Jurisdiction.
The UCCJEA gives priority to the court that has “home state jurisdiction.” For purposes of this article, we’ll focus on home state jurisdiction, since it applies in the vast majority of cases and is especially important when a child is taken out of state without consent.
The UCCJEA defines the “home state” as “the state in which a child lived with a parent or guardian for at least six consecutive months before the custody case is filed.” If the child is under six months old, the statute defines the home state as “the state in which the child lived from birth.”
Example: If your child has lived in Ohio for the past six (6) months and your child’s other parent suddenly takes the child to another state without your permission, Ohio is still considered the home state—as long as you file your custody case within six (6) months of the child’s removal.
Exclusive Continuing Jurisdiction
If Ohio already issued a custody order, then the Ohio court that made the original custody determination retains jurisdiction over custody questions for the minor child. This jurisdiction continues until the Ohio court, or a court of another jurisdiction, determines that all of the relevant parties to the case—specifically, the child, the child’s parents, and/or a person acting as a parent—no longer reside in Ohio.
Example: If there is an existing Ohio custody order and your child is taken to another state without your consent, the Ohio court remains in charge of the case—again, assuming you still live here.
Emergency Jurisdiction
Sometimes, another state may step in temporarily if the child is in immediate danger, for example if there is a risk of abuse or neglect.
This is called “temporary emergency jurisdiction.” This is meant to protect the child in urgent situations, not to replace long-term custody decisions. Once the immediate danger is addressed, the case usually gets sent back to the home state or the state with exclusive continuing jurisdiction.
What Should You Do If Your Child Was Permanently Removed from the State Without Your Consent?
- Call a Family Law Attorney Right Away – Preferably one who is experienced in UCCJEA cases. Time is critical.
- File in Ohio – If Ohio is the home state or already has exclusive continuing jurisdiction, you will want to open or continue your custody case here.
- File in the State where the child was taken – If there already is an Ohio custody order, you will want to seek to register the Ohio custody order in the state where you child was taken so that the local court there can enforce the custody order and assist with the return of the child.
- Get a Court Order – Ask the court to issue an order compelling the return of your child.
- Use Law Enforcement When Appropriate – In some cases, local law enforcement can help recover a child once you have a valid custody order.
Fun Fact: The UCCJEA treats foreign countries as if they were U.S. states for jurisdictional purposes. That means that a foreign country’s custody order can be registered and enforced in a U.S. state where the child has been abducted by another parent so long as the foreign country’s custody laws do not violate fundamental principles of human rights.
Bottom Line
The UCCJEA is designed to protect children and families from conflicting custody orders and to make sure the right court is making decisions about the relevant custody matters. If you live in Ohio and your child has been taken by his or her other parent to another state without your consent, the law is on your side—but you need to act quickly.
In Part 2, we will talk about what happens if your child is taken out of the country, and how international abduction is handled under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
