UCCJEAA Legal Document

UCCJEAA Legal Document

This Custody Jurisdiction and Enforcement Agreement executed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act is entered into on by and between Parent A: , Address: (hereinafter "Parent A"), and Parent B: , Address: (hereinafter "Parent B").

Child(ren) subject to this Agreement:

RECITALS

WHEREAS, the parties are parents of the child(ren) identified above and desire to set forth their agreement regarding jurisdiction, custody, parenting time, and procedures for registration and enforcement of custody orders under the Uniform Child Custody Jurisdiction and Enforcement Act;

WHEREAS, prior custody determinations affecting the child(ren), if any, were issued by: Court Name: , State: , Case No.: , Order Date: .

WHEREAS, the parties intend that this Agreement govern their mutual obligations regarding custody and enforcement and may be presented to a court for incorporation into a judicial order where appropriate.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: "Child(ren)" means the individuals listed in the Child(ren) section; "Custody" refers to legal and physical custody as defined under applicable law; "Registering State" means any state in which a party seeks to register a custody determination for enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act.

2. JURISDICTION AND CONSENT

Each party acknowledges the applicability of the Uniform Child Custody Jurisdiction and Enforcement Act and hereby stipulates and consents that the court identified in the Recitals (or a court in the State entered below) shall have jurisdiction to enter orders regarding custody, parenting time, and enforcement as permitted by the Act. Parties designate State: as a mutually agreed forum for any initial proceedings arising from this Agreement unless a different forum is required by statute.

Each party agrees not to contest jurisdiction or the registration of custody orders in any state in which an order issued or is registered under the Act, except upon a showing of changed circumstances sufficient under law. A party seeking to challenge jurisdiction shall file a motion with the court and serve the other party in accordance with the Notices provision of this Agreement.

3. CUSTODY AND PARENTING TIME

Legal custody of the child(ren) shall be: Joint legal custody Sole legal custody

Physical custody/residence shall be as follows. Primary residential parent (if any):

Exchanges shall occur at locations agreed by the parties. If no agreement, exchanges shall occur at:

4. RELOCATION

A parent proposing to relocate the child(ren) such that the primary residence will be further than from the current residence shall provide written notice to the other parent at least days prior to the proposed relocation and shall comply with the relocation procedures required by law and by any court order.

5. REGISTRATION AND ENFORCEMENT

The parties agree that any custody determination issued in the State identified above or in another State may be registered for enforcement under the Uniform Child Custody Jurisdiction and Enforcement Act. The parties further agree to cooperate in the registration process, including providing certified copies of orders, affidavits, and other documents required by the registering tribunal.

Issuing court for enforcement (if different from Recitals): Case No.:

6. EMERGENCY PROVISIONS

In the event of an emergency involving the physical health or safety of a child, either parent may take temporary protective measures as permitted by law. Any such action shall be promptly communicated to the other parent and shall be subject to subsequent court review. Temporary custody actions taken in good faith for the child's protection shall not be treated as a waiver of the right to enforce existing custody arrangements.

7. MODIFICATION

This Agreement may be modified only by a written instrument signed by both parties or by entry of an order of a court having proper jurisdiction. Any proposed modification shall be provided in writing to the other party at least days prior to filing with a court, except in circumstances presenting imminent risk to the child.

8. ATTORNEY FEES AND COSTS

In any action to enforce or modify this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs from the non-prevailing party as permitted by statute or court order. Prior to initiating contested litigation the parties shall attempt a good faith resolution to avoid unnecessary fees.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by personal service, certified mail, or overnight courier. Notice is effective upon receipt.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State designated for jurisdiction above, including and to the extent applicable the Uniform Child Custody Jurisdiction and Enforcement Act. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations and understandings. If any provision of this Agreement is held invalid or unenforceable, such invalidity shall not affect the remaining provisions which shall remain in full force and effect.

11. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a writing signed by both parties. No failure or delay by a party in exercising any right shall operate as a waiver of that right. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. REPRESENTATIONS AND CERTIFICATIONS

Each party represents and warrants that they are the parent or legal guardian of the child(ren) listed herein, that they have read this Agreement and understand its terms, and that they enter into this Agreement voluntarily and without coercion. Each party further certifies that, to the best of their knowledge, there are no other ongoing custody proceedings concerning the child(ren) in any jurisdiction other than those disclosed in the Recitals.

Sign Now