Posted by Nydia Streets of Streets Law in Florida Child Custody

How do you know if a Florida court has jurisdiction over your child custody case? The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of rules adopted by a majority of states which sets the standard for how a child custody case involving more than one state is to be handled. Sometimes, because parties move with their children before, during or after a child custody case is initiated, it may not be clear whether or not Florida has jurisdiction to rule on issues related to a parenting plan. This issue is highlighted in the case Awad v. Noufal, 2D18-3448 (Fla. 2d DCA September 13, 2019).

The parties to this case resided with their children in Florida during their marriage. In May 2017, the wife took the children to Jordan with the husband’s consent. She returned to the United States in December 2017 but instead of returning to Florida, she went to Massachusetts and filed a petition for protection against domestic violence. There, she obtained a temporary child custody order. The husband filed for divorce in Florida, and the wife filed a motion to dismiss, contending the Florida court did not have jurisdiction over the child custody issue.

The trial court denied the wife’s motion to dismiss, and she appealed. Under the UCCJEA, a Florida court has jurisdiction to make an initial custody determination if the children lived in Florida for the six months immediately preceding the petition for child custody. The state in which a child lived during this period is called the child’s home state under the UCCJEA. A temporary absence does not affect this six month residency. The trial court found Florida to be the home state of the children, regarding their trip to Jordan as a temporary absence.

The appellate court upheld the trial court’s findings as to the children’s home state and Florida’s right to exercise jurisdiction, but it reversed on the ground that the Florida court refused to communicate with the Massachusetts court as required by the UCCJEA. The appellate court held “Here, the trial court acknowledged the Massachusetts temporary custody order but determined it was ‘not necessary for this court to initiate contact with the Court in Massachusetts, as Florida is the state that can properly exercise jurisdiction over the custody of the children.’ This was error. Although we agree that the trial court had jurisdiction to make an initial custody determination under section 61.514, upon learning of the temporary child custody order in Massachusetts, the trial court should have contacted the Massachusetts court to determine whether Massachusetts would be a more appropriate forum to resolve the custody issue as required by section 61.517(4).”

If you have questions about whether or not Florida has jurisdiction over the child custody portion of your family law case, start with a consultation with a Miami child custody lawyer. A meeting can help you answer your questions and put you on a path to understanding the ins and outs of your case.