Three laws provide the answer as to whether a particular court has jurisdiction: the Parental Kidnapping Prevention Act [PKPA], the Uniform Child Jurisdiction and Enforcement Act [UCJEA] and the Uniform Child Custody Jurisdiction Act [UCCJA], which has been enacted in some form in all fifty states and the District of Columbia. Parents, although they are subject to the PKPA, remain exempt from criminal sanctions under the general federal kidnapping statute. In the absence of a formal custody order, custodial rights are determined by state law. The 1986 Bradley amendment to the federal child support laws effectively bars retroactive modification that would wipe out past-due support obligations.
Under the U.S. Constitution, Congress has little direct authority to legislate in the field of domestic relations. Generally, state policy guides these decisions. Despite the lack of direct authority to legislate domestic relations issues, Congress continues to enact federal laws that indirectly affect family law questions concerning child custody and support. This report answers questions frequently asked regarding the interplay between federal and state laws governing these areas.