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| 4. Specification of what custody proceedings are covered. The | definition of custody proceeding in the UCCJA is ambiguous. States | have rendered conflicting decisions regarding certain types of | proceedings. There is no general agreement on whether the UCCJA | applies to neglect, abuse, dependency, wardship, guardianship, | termination of parental rights, and protection from domestic | violence proceedings. The UCCJEA includes a sweeping definition | that, with the exception of adoption, includes virtually all cases | that can involve custody of or visitation with a child as a | "custody determination." |
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| | 5. Role of "Best Interests." The jurisdictional scheme of | the UCCJA was designed to promote the best interests of the | children whose custody was at issue by discouraging parental | abduction and providing that, in general, the State with the | closest connections to, and the most evidence regarding, a child | should decide that child's custody. The "best interest" language | in the jurisdictional sections of the UCCJA was not intended to | be an invitation to address the merits of the custody dispute in | the jurisdictional determination or to otherwise provide that | "best interests" considerations should override jurisdictional | determinations or provide an additional jurisdictional basis. |
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| | The UCCJEA eliminates the term "best interests" in order to | clearly distinguish between the jurisdictional standards and the | substantive standards relating to custody and visitation of | children. |
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| | 6. Other Changes. This draft also makes a number of | additional amendments to the UCCJA. Many of these changes were | made to harmonize the provisions of this Act with those of the | Uniform Interstate Family Support Act. One of the policy bases | underlying this Act is to make uniform the law of interstate | family proceedings to the extent possible, given the very | different jurisdictional foundations. It simplifies the life of | the family law practitioner when the same or similar provisions | are found in both Acts. |
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| | One of the major purposes of the revision of the UCCJA was to | provide a remedy for interstate visitation and custody cases. As | with child support, state borders have become one of the biggest | obstacles to enforcement of custody and visitation orders. If | either parent leaves the State where the custody determination | was made, the other parent faces considerable difficulty in | enforcing the visitation and custody provisions of the decree. | Locating the child, making service of process, and |
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