Posted by Nydia Streets of Streets Law in Florida Child Custody

How do I enforce a child custody order from another state in Florida? This is a question many parents may have when moving to Florida or when their child moves to Florida. Certain steps must be followed to ensure that Florida recognizes the order and has the authority to enforce it. This was an issue in the case Bender v. Bender, 2D20-3614 (Fla. 2d DCA June 11, 2021).

The parties were divorced in Florida, and at that time, a child custody order from North Carolina was domesticated which awarded full custody of the parties’ daughter to the former husband. Approximately four years later, the former wife filed an ex parte emergency petition to domesticate a North Carolina custody order which had been entered six months earlier. The petition did not cite an emergency even though it was titled “emergency”. The court, without a hearing, entered an order granting the petition on the same day and did not serve it on the former husband. The former husband’s subsequent motion to set aside the ex parte order was denied and he appealed.

The appellate court cited the Florida Statute which lists the requirements for domesticating an out-of-state order (61.528). The court held “It is clear that the circuit court did not comply with the requirements of section 61.528. The circuit court did not file the foreign judgment or the accompanying documents as required by section 61.528(2)(a), as the ex parte petition was not filed with the clerk of the circuit court. In addition, the circuit court did not provide the former husband with notice of the ex parte petition to domesticate the January 2020 North Carolina order in accordance with section 61.528(2)(b) and (3). Therefore, the former husband did not have an opportunity to contest the validity of the North Carolina order in accordance with section 61.528(4). Even if the former husband was aware of the North Carolina order or participated in the proceedings there, section 61.528 makes no exception for such a situation. In addition, neither the former wife's ex parte petition nor the circuit court's ex parte order domesticating the North Carolina order cite any applicable exception that would have permitted the circuit court to avoid the requirements of section 61.528.”

To ensure that your out-of-state family law order is recognized by a Florida Court, consult with a Miami family law attorney to determine your rights and obligations.