This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.
The Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) is a legal framework used in the United States to determine which state has jurisdiction over child custody matters when parents reside in different states. 1. The Purpose of the McCrea Form: The McCrea form serves the purpose of establishing and enforcing child custody orders across state lines. It is designed to prevent conflicting custody orders from different states and provide a consistent approach in determining the proper jurisdiction to handle child custody disputes. 2. Key Points of the McCrea Form: a. Jurisdictional Determination: One important point of the McCrea form is to determine which state has the authority to make child custody decisions. The form requires detailed information about the child's residency, locations of the child's parents, and any previous child custody orders. By evaluating this information, the McCrea form assists in identifying the "home state" of the child and establishes jurisdiction in that state. b. Enforcement of Custody Orders: Another crucial aspect of the McCrea form is to facilitate the enforcement of child custody orders across state lines. If a parent violates a custody order issued in another state, the McCrea form enables the recognition and enforcement of the out-of-state order in the jurisdiction where the child and the non-compliant parent are located. This ensures that the best interests of the child are upheld and that custody arrangements can be effectively enforced. Different types of McCrea forms: 1. Petition for Initial Child Custody Determination: This form is used in cases where parents residing in different states are seeking to establish an initial child custody determination. It provides a platform for gathering essential information about the child and parents to determine the appropriate jurisdiction. 2. Petition for Modification of Child Custody Order: This form is utilized when one parent seeks to modify an existing child custody order issued by a different state. It serves as a request to the court to modify the custody order based on a change in circumstances or for any other valid reason. The McCrea form ensures that the proper jurisdiction is identified and facilitates the modification process. In summary, the McCrea form is a crucial tool in resolving child custody disputes across state lines. It helps determine the appropriate jurisdiction and ensures the enforcement of custody orders for the best interests of the child. Different types of McCrea forms include those used for initial child custody determination and modification of existing custody orders.
