Posted by Nydia Streets of Streets Law in Florida Child Custody

Under the Uniform Child Custody Jurisdiction and Enforcement Act (known as the UCCJEA), a Florida court follows certain guidelines to ensure that its orders do not conflict with actions taken by a court in another state in the same case. When parents allege two different states should take jurisdiction of a child custody case, a Florida court usually must analyze the allegations presented by both sides as to the residency of the child leading up to the filing of a petition for child custody. This was an issue in the case Miller v. Mitchell, 3D21-1621 (Fla. 3d DCA October 6, 2021).

In this paternity case, the mother and father lived in Florida for several years before their child was conceived. Once the mother became pregnant, the parties moved to New Jersey seeking specific medical care, and the mother eventually gave birth in New York. After the birth, the parties returned to Florida with the child, and while their initial intention was to vacation, they ended up staying in Florida for more than 6 months. The mother left periodically to New Jersey to tend to her wellness center there. The parties eventually broke up and the mother took the child to New Jersey and filed a petition for injunction against domestic violence. Within a week, the father filed his petition for paternity in Miami-Dade County, Florida, a day later, the mother filed a competing custody petition in New Jersey. The mother then filed a motion to dismiss the Miami action, arguing New Jersey had primary jurisdiction under the UCCJEA. Her motion was eventually denied after a hearing, and she appealed by filing a writ of prohibition.

The appellate court agreed with the trial court and declined to grant the mother’s appeal. The appellate court reasoned “Here, the facts adduced below support the determination the child lived with his parents in Florida for more than six consecutive months, and although the child was absent from the state at the time the initial paternity petition was filed, his father continued to live in Florida. The mother, however, contends she only extended her stay in Florida due to the global COVID-19 pandemic and she was stymied in her efforts to renew her lease in New Jersey. Although we appreciate the vastly divergent facts presented by the parties below, as observed by the trial judge, ‘[t]he parties desires and future plans, however, are immaterial to jurisdiction.’ Further, the scope of our review is constrained to determining whether the factual underpinnings of the decision below are supported by competent, substantial evidence. In this regard, ‘[i]t is not the function of the appellate court to substitute its judgment for that of the trial court through re-evaluation of the testimony and evidence from the record on appeal before it,’ and the factual conclusions below are amply supported. Shaw v. Shaw, 334 So. 2d 13, 16 (Fla. 1976).

The appellate court also noted the New Jersey court eventually deferred to the Florida court and declined to exercise jurisdiction. If you are unsure about where to file your child custody case, schedule a consultation with a Miami family law attorney to understand your options.