Date of Conferral

2022

Degree

Ph.D.

School

Public Policy and Administration

Advisor

Mark Gordon

Abstract

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) assists courts in applying key factors when determining the jurisdiction of the child’s home state in custody rulings. Family court judges have the task of determining the outcome of child custody rulings. Although the UCCJEA exists, application of the act varies by state. The purpose of this qualitative study was to determine (a) if the application of the UCCJEA and its factors are applied in custody court cases, (b) if judges used or attempted to conform to the UCCJEA, and (c) if any outside factors were identified or applied to judge decisions. The theory that supported this study was the policy learning theory that drew from lessons learned from past experiences or past protocols to identify the gaps in law or in policy to make improvements for the future. The nature of the study was a general qualitative design using secondary case analyses and a thematic analysis approach. The analysis was conducted on family custody cases using secondary custody court data which identified reoccurring themes to determine whether judges provided consistency in some cases or on a case-by-case basis. Findings demonstrated in the court documents that the state of Maryland does not actively enforce the UCCJEA due to the UCCJEA not being at a federal mandated level. Informing and providing insight to the public and policy makers on how judges interpret the law, implement an act, and apply their protocols in the court may promote positive social change and lead to better decision-making outcomes in custody rulings. The research allows for further opportunity to conduct similar research in other state district or district circuit county courts in the United States of America.

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