Miami family law attorney blog
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UCCJEA
Posted by Nydia Streets of Streets Law in Florida Child Custody
Issue about which court has the authority to rule in a child custody case when the parties have ties to more than one state are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The aim of this Act is to reduce jurisdictional conflicts and promote the best interest of a child. Enforcement of this act was an issue in the case Dorvil v. Atwell, 3D24-0029 (Fla. 3d DCA December 4, 2024).
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens when you appeal a Florida family law case that was resolved in your favor? This was an issue in the case Kilcrease v. Brown, 1D2022-3620 (Fla. 1st DCA March 6, 2024)
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law generally recognizes the right of parents to raise their children without interference from third parties. This is why grandparent visitation rights in Florida are limited. Florida Statute Chp. 752 discusses limited circumstances in which a grandparent may seek visitation with children. Another route by which a grandparent may maintain visitation with a child in Florida is via enforcement of a court order entered in another state that has broader grandparent visitation rights. This was an issue Mattingly v. Hatfield, 1D2022-0039 (Fla. 1st DCA February 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent moves out-of-state with a child after Florida has made an initial child custody determination, can the other state assume jurisdiction over the child for purposes of entering further orders concerning child custody? The answer depends on factors listed in chapter 61.515 of the Florida Statutes. This was an issue in the case Litsch v. Litsch, 5D22-2632 (Fla. 5th DCA October 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parenting coordinator can be appointed in a Florida family law case to assist parents with conflict resolution. The Florida Statutes provide: “The purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral.” See Fla. Stat. Chp. 61.125. This was an issue in the case Thorton v. WIldes, 4D22-0657 (Fla. 4th DCA March 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is shared parental responsibility in Florida? This refers to the right of each parent to make major decisions regarding their children, including what school they attend, what doctor they see, etc. When there is shared parental responsibility, it means both parents must agree on these issues before they are decided. This is different from sole or ultimate decision-making authority, which means one parent makes the decisions without regard to the other parent’s input or opinion. This was an issue in the case Rankin v. Lounsbury, 3D21-2472 (Fla. 3d DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can I move with my children to a different county or state? This is a frequently asked question when parents separate in Florida. The answer depends on whether the parents are married, and whether court proceedings for custody or in progress or have already taken place. Relocation of children is governed by Florida Statute 61.13001.
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent moves to another state after a Florida court makes a child custody determination, can jurisdiction over the case be transferred to the other state? The answer depends on many factors, but it is possible for another state to take jurisdiction over the case. This was an issue in Beehler v. Beehler, 1D19-1788 (Fla. 1st DCA December 2, 2022).
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a writ of certiorari in a Florida child custody case? This is a way to appeal a decision of a trial court that is alleged to cause irreparable harm. In many cases, it may not be possible to appeal a temporary order entered in a case. However, this writ allows for appeal of some temporary orders. This was an issue in the case Payne v. Koch, 5D21-2427 (Fla. 5th DCA April 14, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does a father of a child born outside of wedlock have custody rights? When an unwed father signs an acknowledgement of paternity to be named as the father on a birth certificate, it creates a presumption that he is the legal father of the child in Florida. If neither parent rescinds the acknowledgement or files a judicial action relating to the child within sixty days, the voluntary acknowledgement establishes paternity subject to exceptions. Fla. Stat. § 742.10(4). Does this paternity status give a father a right to obtain custody of a child via a pick-up order? This was an issue in the case Nelson v. Mirra, 5D21-2469 (Fla. 5th DCA March 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
“What happens if I don’t show up to trial in my Florida family law case?” is a question asked in some cases. The consequences of failing to participate in your own trial may be irreversible and detrimental to you. Not showing up means the judge will not hear your full side of the story. This was an issue in the case Pimienta v. Rosenfeld, 3D20-606 (Fla. 3d DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a Florida court to exercise jurisdiction over a child custody matter, the child at issue must have resided in Florida for at least six months prior to the date of filing a petition. Whether or not a child lived in Florida for the required period of time is a question of fact that is decided after an evidentiary hearing. Florida Statutes authorize an award of attorney’s fees for a parent who enforces a foreign custody order in Florida. These were issues in the case Alvarez v. Jimenez, 3D20-610 (Fla. 3d DCA December 1, 2021).
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When the parents of a child who is subject to a Florida child custody case live in two different states, or even countries, jurisdiction may be challenged by one of the parties. While a court does not need personal jurisdiction over a parent to make an initial child custody determination, it does need it to adjudicate financial issues. The issue of personal jurisdiction was raised in the case Edwards v. Codrington, 5D20-1966 (Fla. 5th DCA July 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida generally cannot be decided by default. This is because the best interest of the child is the paramount concern, and granting one parent custody rights over the other without allowing the other parent the chance to present evidence concerning the best interest of the child may be detrimental. A default is entered when a party fails to timely respond to a petition. A default means the party who failed to respond admits the allegations made by the other party. This was an issue in the case Corridon v. Corridon, 3D20-0596 (Fla. 3d DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A case that was appealed last year in the Florida 1st District Court of Appeal was reconsidered and a new opinion was released. The case involved a dispute about child custody jurisdiction between Florida and Oregon, and this time, the maternal grandmother and paternal grandparents of the child were at odds about the court’s prior ruling on jurisdiction. The case is Lunsford v. Engle, 4D19-774 (Fla.4th DCA January 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child is removed from Florida and taken to another country by a parent, what can be done? International child custody disputes can be very complex because they involve application of international treaties as well as domestic laws. This is illustrated in the case Stone v. Suzuki, 2D20-451 (Fla. 2d DCA December 23, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Hague Convention applies to international child custody cases in which an accusation of parental abduction or interference with a child custody right is at issue. As stated in the case Cruz de Carvalho v. Carvalho Pereira, 1D20-523 (Fla. 1st DCA November 16, 2020): “The Convention’s central operating feature is the return remedy. When a child under the age of 16 has been wrongfully removed or retained, the country to which the child has been brought must ‘order the return of the child forthwith,’ unless certain exceptions apply.”
