Full faith and credit given to child custody determinations28 U.S.C. § 1738A
11 opinions cite 28 U.S.C. § 1738A
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California v. Superior Court of Cal., San Bernardino Cty. 482 U.S. 400 · US482-400 · U.S. Supreme Court 1987
· cited by 107 in all courts
…the Smolins were not substantially charged was correct. Under the full faith and credit provisions of the federal Parental Kidnaping Prevention Act of 1980, 28 U. S. C. § 1738A, the majority determined that those decrees conclusively established that Richard Smolin was the lawful custodian of the children at the time that they were…
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Thompson v. Thompson 484 U.S. 174 · US484-174 · U.S. Supreme Court 1988
· cited by 619 in all courts
Justice Marshall delivered the opinion of the Court. We granted certiorari in this case to determine whether the Parental Kidnaping Prevention Act of 1980, 28 U. S. C. § 1738A, furnishes an implied cause of action in federal court to determine which of two conflicting state custody decisions is valid. I The Parental Kidnaping…
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In re D.N. 858 So. 2d 1087 · 2D03-844 · 2nd DCA 2003
· cited by 3 in all courts
Order returning the children to their Hawaii father affirmed because the UCCJA and PKPA required enforcing his custody order; the ICPC did not override it.
…about the controlling law. Resolution of this case is controlled by the provisions of the UCCJA and the federal Parental Kidnapping Prevention Act (PKPA), 28 U.S.C. § 1738A (2001). The overriding purpose of both the UCCJA and the PKPA is "to prevent interstate competition and conflicts" about custody disputes among various…
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Johnson v. Denton 542 So. 2d 447 · 5D88-1871 · 5th DCA 1989
· cited by 5 in all courts
…HRS concedes that the trial court should not have exercised jurisdiction and asks this court to hold that the Parental Kidnapping Prevention Act, (PKPA) Title 28 U.S.C. section 1738A governs the instant action. It is settled in other jurisdictions that where the PKPA and the state's version of the UCCJA conflict, the PKPA preempts state…
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Mississippi Band of Choctaw Indians v. Holyfield 490 U.S. 30 · US490-30 · U.S. Supreme Court 1989
· cited by 1355 in all courts
Under the Indian Child Welfare Act, twins born off the reservation were domiciled there with their parents, so the tribal court had exclusive jurisdiction and the state adoption decree was reversed.
…is physically present in a State and has been abandoned is also recognized by federal statute. See Parental Kidnaping Prevention Act of 1980, 94 Stat. 3569 , 28 U. S. C. § 1738A(c)(2); see also Uniform Child Custody Jurisdiction Act, 9 U. L. A. § 3 (1988). [11] The Court suggests that there could be no legally effective abandonment…
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In re Amend. to the Fla. Family Law Forms 59 So. 3d 792 · SC08-2058 · Florida Supreme Court 2010
…presented to this Court with a request for full faith and credit recognition and enforcement under the Parental Kidnapping Prevention Act, 28 U.S.C. Section 1738A. This Court has jurisdiction to enforce this decree under the UCCJEA, specifically sections 61.501-61.542, Florida Statutes. c. ___ By operation…
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Ankenbrandt ex rel. L.R. v. Richards 504 U.S. 689 · US504-689 · U.S. Supreme Court 1992
· cited by 1324 in all courts
The domestic relations exception covers only divorce, alimony and custody decrees, not a tort suit over child abuse, and Younger abstention was improper.
… Family Violence Prevention and Services Act, 98 Stat. 1757 , 42 U. S. C. § 10401 et seq.; Parental Kidnaping Prevention Act of 1980, 94 Stat. 3568 , 28 U. S. C. § 1738A; Adoption Assistance and Child Welfare Act of 1980, 94 Stat. 500 -521, 42 U. S. C. §§ 620-628 , 670-679a; Child Abuse Prevention and Treatment and Adoption…
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Yon v. Fleming 595 So. 2d 573 · 4D91-1731 · 4th DCA 1992
· cited by 12 in all courts
…other state. The final decrees of other states awarding permanent custody of children are entitled to full faith and credit in Florida, by the provisions of 28 U.S.C. § 1738A. Indeed, even if that were not true as a general proposition, section 61.1328 makes it specifically so. One of the expressed purposes of the UCCJA was to…
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In re Amendments to the Florida Supreme Court Approved Family Law Forms 173 So. 3d 19 · SC15-44 · Florida Supreme Court 2015
· cited by 1 in all courts
…presented to this Court with a request for full faith and credit recognition and enforcement under the Parental Kidnapping Prevention Act, 28 U.S.C. Section 1738A. This Court has jurisdiction to enforce this decree under the UCCJEA, specifically sections 61.501-61.542, Florida Statutes. c. ____ By…
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Amendments to Approved Family Law Forms 20 So. 3d 173 · SC08-2058-2 · Florida Supreme Court 2009
…to this Court with a request for full faith and credit recognition and enforcement under the Parental Kidnapping Prevention Act, 28 U.S.C. Section 1738A. This Court has jurisdiction to enforce this decree under the UCCJEA, specifically sections 61.501-61.542, Florida Statutes. c. ____ By…
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Amendments to the Florida Family Law Rules of Procedure & Family Law Forms 810 So. 2d 1 · SC99-2 · Florida Supreme Court 2000
· cited by 54 in all courts
…decree has been presented to this Court with a request for full faith and credit recognition and enforcement under the Parental Kidnaping Prevention Act, 28 U.S.C. § 1738A. This Court has jurisdiction to enforce this decree under the UCCJA, specifically section 61.1328, Florida Statutes. — c. By operation of Florida law…
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(a) The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided in subsections (f), (g), and (h) of this section, any custody determination or visitation determination made consistently with the provisions of this section by a court of another State.
(b) As used in this section, the term—
(1) "child" means a person under the age of eighteen;
(2) "contestant" means a person, including a parent or grandparent, who claims a right to custody or visitation of a child;
(3) "custody determination" means a judgment, decree, or other order of a court providing for the custody of a child, and includes permanent and temporary orders, and initial orders and modifications;
(4) "home State" means the State in which, immediately preceding the time involved, the child lived with his parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old, the State in which the child lived from birth with any of such persons. Periods of temporary absence of any of such persons are counted as part of the six-month or other period;
(5) "modification" and "modify" refer to a custody or visitation determination which modifies, replaces, supersedes, or otherwise is made subsequent to, a prior custody or visitation determination concerning the same child, whether made by the same court or not;
(6) "person acting as a parent" means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody;
(7) "physical custody" means actual possession and control of a child;
(8) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States; and
(9) "visitation determination" means a judgment, decree, or other order of a court providing for the visitation of a child and includes permanent and temporary orders and initial orders and modifications.
(c) A child custody or visitation determination made by a court of a State is consistent with the provisions of this section only if—
(1) such court has jurisdiction under the law of such State; and
(2) one of the following conditions is met:
(A) such State (i) is the home State of the child on the date of the commencement of the proceeding, or (ii) had been the child's home State within six months before the date of the commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant or for other reasons, and a contestant continues to live in such State;
(B) (B)
(i) it appears that no other State would have jurisdiction under subparagraph (A), and (ii) it is in the best interest of the child that a court of such State assume jurisdiction because (I) the child and his parents, or the child and at least one contestant, have a significant connection with such State other than mere physical presence in such State, and (II) there is available in such State substantial evidence concerning the child's present or future care, protection, training, and personal relationships;
(C) the child is physically present in such State and (i) the child has been abandoned, or (ii) it is necessary in an emergency to protect the child because the child, a sibling, or parent of the child has been subjected to or threatened with mistreatment or abuse;
(D) (D)
(i) it appears that no other State would have jurisdiction under subparagraph (A), (B), (C), or (E), or another State has declined to exercise jurisdiction on the ground that the State whose jurisdiction is in issue is the more appropriate forum to determine the custody or visitation of the child, and (ii) it is in the best interest of the child that such court assume jurisdiction; or
(E) the court has continuing jurisdiction pursuant to subsection (d) of this section.
(d) The jurisdiction of a court of a State which has made a child custody or visitation determination consistently with the provisions of this section continues as long as the requirement of subsection (c)(1) of this section continues to be met and such State remains the residence of the child or of any contestant.
(e) Before a child custody or visitation determination is made, reasonable notice and opportunity to be heard shall be given to the contestants, any parent whose parental rights have not been previously terminated and any person who has physical custody of a child.
(f) A court of a State may modify a determination of the custody of the same child made by a court of another State, if—
(1) it has jurisdiction to make such a child custody determination; and
(2) the court of the other State no longer has jurisdiction, or it has declined to exercise such jurisdiction to modify such determination.
(g) A court of a State shall not exercise jurisdiction in any proceeding for a custody or visitation determination commenced during the pendency of a proceeding in a court of another State where such court of that other State is exercising jurisdiction consistently with the provisions of this section to make a custody or visitation determination.
(h) A court of a State may not modify a visitation determination made by a court of another State unless the court of the other State no longer has jurisdiction to modify such determination or has declined to exercise jurisdiction to modify such determination.
Source. (Added Pub. L. 96–611, §8(a), Dec. 28, 1980, 94 Stat. 3569; amended Pub. L. 105–374, §1, Nov. 12, 1998, 112 Stat. 3383; Pub. L. 106–386, div. B, title III, §1303(d), Oct. 28, 2000, 114 Stat. 1512.)