Posted by Nydia Streets of Streets Law in Florida Child Custody

As often happens in life, people move from city to city, state to state and even country to country. When a Florida child custody case is open, these moves may complicate issues related to jurisdiction. In the recent appellate case Bock v. Vilma, 3D19-1691 (Fla. 3d DCA September 11, 2019), an issue arose as to jurisdiction when the mother relocated to Maryland following residence in Florida with the parties’ minor child during a child custody case that stemmed from a Louisiana child custody order.

In 2016, a Florida court domesticated the parties’ Louisiana consent order concerning timesharing and support issues. While the parties’ child was residing in Florida, the father filed a petition to modify the Louisiana order concerning child support. He subsequently filed amended petitions seeking to increase his parental role. Meanwhile, the mother moved to Maryland with the parties’ child. The mother then filed a petition in Maryland to establish that state as the child’s home state since the child had been residing there with the mother for more than 6 months at the time. During the summer of 2019, the child came to stay with the father in Miami, Florida. The mother alleged the father refused to return the child to Maryland at the end of the summer and instead enrolled her in school in Miami-Dade County, Florida.

After a hearing, the trial court denied the mother’s motion to return the child to Maryland. The mother appealed by filing a petition for writ of prohibition, arguing that because the child resided in Maryland for six months or more, the Florida court lost jurisdiction to make child custody determinations. The appellate court disagreed with the mother, holding, “The UCCJEA ‘does not operate to divest a court of continuing jurisdiction unless virtually all contacts have been lost with the forum state.’ . Where ‘minimum contacts clearly have been maintained with Florida,’ the trial court "has continuing jurisdiction over its own prior decree.’  This case has been litigated in Florida for more than three years and the issue of where the child should reside was raised below more than a year ago. The father's June 13, 2018 first amended petition and July 24, 2018 second amended petition both sought a change to the parenting plan in light of the mother's anticipated move to Marlyand, which occurred approximately a week after the father filed the second amended petition. Florida was the home state of the child when the father raised custody and shared parenting issues. The father's operative petition - his third amended petition of February 27, 2019 - relates back to his initial filings.” (internal citations omitted).

Florida child custody cases involving multiple states usually require the assistance of a lawyer to navigate them appropriately. Schedule a consultation with a Miami child custody attorney to go over the specifics of your case and form a plan for moving forward in the best interest of your child.