Posted by Nydia Streets of Streets Law in Florida Child Custody
When there is a child custody dispute and one parent lives in Florida and the other lives out-of-state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is usually applicable. A parent who initiates child custody litigation in Florida may face a challenge from the out-of-state parent on certain grounds stated in the UCCJEA. This was an issue in the case Sosa v. Pena, 3D22-71 (Fla. 3d DCA October 26, 2022).
The parties were divorced in Florida in 2015. After the final judgment was entered, a dependency action was opened and the dependency court placed the children with the mother in Texas. The father then opened a modification action in Florida. The dependency court eventually awarded the father supervised visits and relinquished jurisdiction over the case. The mother filed a motion to dismiss the father’s modification action for lack of jurisdiction, forum non conveniens and unjustifiable conduct. The trial court ultimately ruled against the mother on all three issues and she appealed.
The appellate court agreed with the trial court that Florida had continuing exclusive jurisdiction over the case notwithstanding the dependency action because Florida retained jurisdiction under the UCCJEA after it made the initial child custody determination. What is more, the dependency court relinquished jurisdiction. As to the mother’s arguments of lack of forum non conveniens and unjustifiable conduct, the court held “We note on appeal, the Mother did not contest the trial court’s findings that Florida was not an inconvenient forum or that the Father did not engage in unjustifiable conduct. Accordingly, any argument regarding those issues is considered waived.”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.