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 San Jose California Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) is a legal document that falls under the jurisdiction of the state of California, specifically the city of San Jose. It is a set of laws and regulations that govern child custody matters when there are multiple jurisdictions involved. The McCrea is designed to address and resolve conflicts that may arise regarding child custody between parents who reside in different states or countries. It ensures that there is a clear and efficient process for determining which court has jurisdiction over child custody cases and for enforcing those custody orders across different jurisdictions. The declaration is essential in establishing the proper jurisdiction for determining child custody, as it prevents conflicting court orders, promotes stability and continuity in a child's life, and protects the child's best interests. It also helps in preventing situations where one parent might attempt to move a child to a different state or country without the consent of the other parent or the court. There are different types of declarations that can be made under the San Jose California McCrea: 1. Initial Child Custody Jurisdiction: This type of declaration determines which court has the initial jurisdiction to make decisions regarding child custody. It takes into account the child's home state, defined as the state where the child has lived with a parent for six consecutive months or since birth if the child is less than six months old. 2. Exclusive Continuing Jurisdiction: Once a court has established jurisdiction over child custody matters, this type of declaration ensures that the same court maintains jurisdiction until all parties involved no longer have a significant connection to the state or a new state becomes the child's home state. 3. Emergency Jurisdiction: In cases where there is an immediate danger to the child's health or safety, this type of declaration allows a court to exercise jurisdiction even if it is not the child's home state. 4. Modification of Custody Orders: When a new custody order needs to be established or an existing order needs to be modified, this type of declaration helps determine which court has jurisdiction to make those changes. In summary, the San Jose California Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (McCrea) is a crucial legal framework that ensures proper jurisdiction over child custody matters in cases involving multiple jurisdictions. It aims to protect children's well-being, prevent conflicting court orders, and provide an efficient process for resolving custody disputes.
