Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for temporary custody by an extended relative in Florida is subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a set of rules to be followed among states which have adopted the UCCJEA. The aim of the UCCJEA is to prevent competing or conflicting orders on child custody among different states. This was an issue in the case Burgos v. Vargas, et. al., 2D2024-0385 (Fla. 2d DCA October 16, 2024).
In this case concerning custody by an extended relative, an aunt was granted temporary custody of a child after the child’s parents (who were incarcerated) signed consents to allow for the aunt to obtain custody. Once the order was entered, the aunt arranged to meet the child’s grandmother to retrieve the child, but the grandmother did not show up to the meeting, and the aunt became aware the grandmother filed her own petition for custody in North Carolina which was granted. The aunt then filed in Florida an emergency motion for pick up order, alleging her fear that the grandmother would leave the country with the child. The Florida court declined to hear the matter on an emergency basis. The aunt then filed a motion for an expedited hearing under the UCCJEA but was unsuccessful in setting a hearing. Thereafter, the Florida court sua sponte issued an order relinquishing jurisdiction to North Carolina. The aunt appealed, arguing this was a violation of her due process rights.
The appellate court agreed with the aunt. It held “We review de novo the question of whether a trial court has violated a party's due process rights. [. . .] Based upon the waivers and consents of the child's parents, there is no dispute that the Florida trial court is in the child's home state, and the trial court made the initial child custody determination for the purposes of UCCJEA in granting the Aunt's Petition. See §§ 61.503(3), (8); .514(1)(a). The trial court therefore " 'retains exclusive, continuing jurisdiction' over that determination." Beehler, 351 So. 3d at 1260 (quoting § 61.515(1)). A trial court having such jurisdiction may, on its own motion, "decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum." § 61.520(1). But before making this determination, the trial court must determine whether it is appropriate for the court of another state to exercise jurisdiction. § 61.520(2). And that entails allowing the parties to submit certain information for the trial court to consider.” The court concluded “Because she is a party, she is entitled under section 61.520(2) to ‘submit information’ for the court to consider prior to making its determination on whether to relinquish its jurisdiction. Therefore, the trial court erred in entering the order relinquishing jurisdiction without allowing the Aunt notice and an opportunity to present information for its consideration relevant to the relinquishment of jurisdiction under section 61.520(2).”
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