Also known as:retain jurisdiction · retains jurisdiction · retained jurisdiction · retaining jurisdiction · continuing jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A court's authority to maintain control over a previously decided matter after an initial determination. In child-custody cases the authority continues exclusively until the court finds that the child and at least one parent lack a significant connection with the state or that all parties have left the state.
Sources & Authorities
How it applies
Common Examples
3
Custody Order Remains in Original State
Roberto Reyes obtained a custody decree in State A for his son. Two years later the child moved with his mother to State B. Roberto petitions in State B to modify visitation. The State B court declines because State A retains exclusive continuing jurisdiction under the statute. The child and Roberto still maintain significant ties to State A through school records and extended family.
Modification Allowed After Jurisdiction Lost
Ravi Reddy and his former spouse obtained a custody order in State A. Both later moved permanently to State C with the child. Ravi files a modification petition in State C. Because State A no longer has exclusive continuing jurisdiction, the State C court may modify the order after confirming it meets the initial-jurisdiction requirements of section 201.
Put it into practice
Test Yourself
10
Practice Questions5
· 13 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Study Supplements
Forum State Declines Modification Request
Rhea Reynolds obtained a custody decree in State A. The father later petitions in State B to modify the order. State A has not relinquished jurisdiction and remains a convenient forum. The State B court therefore refuses to modify the decree because the statutory conditions for assuming authority over another state's determination are not satisfied.
Common questions
Frequently Asked
3
When does a court lose exclusive continuing jurisdiction under the UCCJEA?+
A court loses exclusive continuing jurisdiction when it determines that the child and at least one parent no longer have a significant connection with the state and that substantial evidence is no longer available there, or when a court finds that the child, parents, and any person acting as a parent no longer reside in the state.
Supporting sources
May a court modify a custody order from another state?+
A court may modify another state's custody determination only if it has jurisdiction to make an initial determination under section 201 and the original state has lost exclusive continuing jurisdiction or has declined to exercise it as an inconvenient forum.
Supporting sources
Does physical presence of the child confer jurisdiction to modify custody?+
Physical presence of the child or personal jurisdiction over a party is neither necessary nor sufficient to make or modify a child-custody determination.
Supporting sources
Constitutional LawThe nature of judicial review · JurisdictionUBEIntermediate