Tennessee Mom in complicated custody dispute

08 May 2012 Categories: All Blogs, Family Law and Divorce

The Leaf Chronicle has a story (click here) about a Tennessee mom who is in an international custody battle over her 16 month daughter. Custody battles with children of military members are often complicated because of the jurisdiction question. The Tennessee Court has to decide whether Tennessee is the child’s home state in order to be able to enforce any judicial powers. As in this case, the Court said Tennessee was the home state because the child was living in another country on a temporary basis, and should be returned to Tennessee.

These complicated custody disputes do not only come up with children of military members. They often come up in arguing which state should decide a visitation schedule for the children when parents live in different states. The Uniform Child Custody Jurisdiction And Enforcement Act (“UCCJEA”) has been adopted in almost every state to try to bring some consistency in determining which state has jurisdiction to hear any custody disputes. There are many factors that have to be taken into account when attempting to set a visitation schedule for children. Courts will always try to work towards what is in the best interest of the children.

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