What is the Parental Kidnapping Prevention Act?

The Parental Kidnapping Prevention Act of 1980 (PKPA) adopted by Congress also establishes standards regarding appropriate exercise of jurisdiction over custody matters among the states. The standards are much the same as those promulgated in the UCCJEA. However, under the PKPA, home state jurisdiction is paramount. Due to the Supremacy Clause in Article VI of the U.S. Constitution, when there is a conflict between the PKPA and a state’s UCCJEA, the PKPA as federal law overrides the UCCJEA.

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