CALIFORNIA FAMILY LAW
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Interstate Custody/UCCJEA
......Fed. Parental Kidnap. Prevent. Act
7 Cards On This Topic:
Federal Parental Kidnapping Prevention Act (FPKPA) summarized.
Cal. not required to give full faith and credit to KY order modifying KY custody order when KY not home state of children and did not have PKPA jurisdiction.
FPKPA preempts Cal. law on the issue of jurisdiction to render a valid custody decree where valid prior order issued by state having jurisdiction under UCCJA.
No private federal cause of action created by FPKPA which will allow for federal proceeding to resolve a conflict when two states concurrently exercise custody jurisdiction.
Cal. held proper forum under FPKPA to litigate custody of minor born and delivered into custody of prospective adoptive parents in Cal. FPKPA tests applied.
Federal act (FPKPA) preempts state law.
Decision of state court, made under FPKPA and full faith and credit clause, does not prevent extradition of state's citizen charged with child stealing in another state.