Posted by Nydia Streets of Streets Law in Florida Child Custody
When filing a paternity case in Florida, it is important to know which court has proper jurisdiction over the child custody part of your case. The issue of jurisdiction often arises in these types of matters when one parent moves to another state close to the time the case was filed. This happened in Martinez v. Lebron, 5D18-2966 (Fla. 5th DCA November 15, 2019).
The parties’ child was born in New York. Subsequently, the parties, who never married, moved to Florida with their child. After the relationship between the parties soured, the mother moved back to New York with the child filed a paternity action there shortly after. Unaware of the mother’s pending petition in New York, the father filed a petition for paternity in Florida, and the Florida court entered an order setting a temporary timesharing schedule. Once the Florida court became aware of the New York proceeding, it stayed the case in order to communicate with the New York court as required by Statute. New York subsequently entered an order finding Florida to be the more convenient forum and declining to exercise jurisdiction. A final judgment of paternity was eventually entered in Florida and the mother appealed on three grounds: (1) that the Florida court lacked subject-matter jurisdiction; (2) that the court erred in entering a timesharing schedule; and (3) that the court erred in granting the father’s request for attorneys’ fees.
The appellate court disagreed with the mother on all complaints. First, the appellate court ruled “ Here, the trial court found Father's UCCJEA affidavit credible and concluded that Florida was Child's home state pursuant to section 61.514(1)(a). While Mother contested the allegations within Father's affidavit, the trial court was tasked to determine the parties' credibility and did so. Competent substantial evidence supports the trial court's finding that Florida was Child's home state. Additionally, as Father points out, even if we agreed with Mother that New York was Child's home state, the trial court nevertheless had jurisdiction pursuant to section 61.514(1)(b). The New York court declined to exercise jurisdiction on the ground that Florida was a more convenient forum. Ample testimony was presented at trial of Father's significant connection to Florida, Child's extended family within the Orlando area, and the care, protection, training, and relationships of Child in Florida. Accordingly, even if New York was Child's home state, Florida nevertheless obtained jurisdiction under section 61.514(1)(b) when the New York court declined to exercise jurisdiction. Thus, Mother's challenge to the trial court's jurisdiction fails.”
Next the mother argued the trial court erred in modifying the temporary timesharing order because there was no finding of a substantial change in circumstances. In dismissing this argument, the appellate court held “The requirement of section 61.13(3) that a time-sharing schedule be modified only upon a showing of a substantial, material, and unanticipated change in circumstances applies only to the modification of final time-sharing schedules. Riddle v. Riddle, 214 So. 3d 694, 697 (Fla. 4th DCA 2017) ("A substantial change in circumstances must be shown to modify a child custody determination only where a final judgment or decree was previously entered determining the issue."). Here, the previously ordered time-sharing schedule was a temporary order. Accordingly, the trial court was not required to make such findings.” The court further found the trial court appropriately considered all required factors in establishing the timesharing schedule.
Last, while the court agreed with the mother’s argument that the court failed to take into consideration all appropriate factors in awarding attorneys’ fees to the father, it ruled she did not properly preserve this argument for appeal because she did not raise it with the trial court. Therefore the award of fees was upheld.
It is important to understand the role of jurisdiction in Florida paternity cases. This is why a consultation with a Miami paternity lawyer may best help you decide the best way to move forward in your situation.