Scott Disick, Tristan Thompson and Travis Scott all have one thing in common; can you guess what it is? That’s right! None of them have court orders regarding Parenting Time or Custody! All three of these men have children with one of the Kardashian sisters, but legally have no way to enforce Parenting Time or Custody. What does this mean for Khloe Kardashian now that her and Tristan Thompson have split up? Well, the couple has been living in both Ohio and California since the birth of their daughter, True, and one of the first steps in filing for legal action in a family law case is determining what Court has jurisdiction over the matter. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an act that has been adopted by every state except for Massachusetts. The UCCJEA sets forth the policies for what constitutes a court’s child custody jurisdiction in a family law matter. In order to determine which state has proper jurisdiction the UCCJEA uses the following factors:
- The home state of the child is one in which the child has lived in for six months immediately before the custody proceedings began. If the child is under the age of six months, jurisdiction falls to the state in which the child was born.
- If no single state has jurisdiction based on item 1, jurisdiction falls where the child and parent have significant connections other than residence. This may include extended family ties.
- If a state has jurisdiction as defined by provision 1 or 2, it may decline to exercise this jurisdiction if it wishes to do so by transferring jurisdiction to another state.
Determining which Court has jurisdiction could potentially become a confusing and complicated battle on its own. If Khloe decides to mimic the parenting styles of her sisters, she may choose to not involve the courts at all and hope Tristan is willing to co-parent without court orders. It will be interesting to see how this plays out, and of course will be a huge part of the upcoming season of Keeping Up with the Kardashian’s which premieres Sunday, March 31st.
Find out more about your family law issue in a free consultation. Our lawyers at Dodge & Vega are absolutely the best. Speak with them now over the phone or schedule an in person consult.
Andrea Cadillo, Dodge & Vega PLC
Dodge & Vega PLC
Ben Dodge, Esq., Attorney, Entrepreneur, Endurance/Ultra Cyclist
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