Child Custody Jurisdiction

Legal matters can be complex, and family law matters, including child custody matters, are not any different. One of the most crucial concepts to understand when it comes to child custody matters is the concept of jurisdiction. In child custody cases, jurisdiction refers to a court’s authority to handle the child custody case and make decisions pertaining to the case. It is the court’s ability to render legally enforceable decisions. If a court does not have jurisdiction to decide a child custody case, it cannot enter lawfully enforceable orders. If a court with no jurisdiction over a child custody case makes a decision, it can result in confusion and potential hardships for the involved parties. For example, confusion can arise if a court that does not have jurisdiction awards custody to one parent, yet that parent cannot enforce that order. In this article, we discuss child custody jurisdiction in Florida.

Initial Child Custody Determination

In Florida, the rules governing child custody jurisdiction are governed by the Uniform Child Custody Jurisdiction and Enforcement Act. According to the law, the main factor in determining whether a Florida court can adjudicate a child custody case is whether Florida is the child’s “home state.” In other words, the main question is whether the child has resided in Florida for the past six months with a parent. In a case where a child has lived in Florida for the last six months, a Florida court would have jurisdiction to make decisions regarding child custody. This is true even if the child’s parents were to leave and go with the child to another state a month before a child custody proceeding is initiated.

There are other ways Florida courts may acquire jurisdiction. One of the other ways Florida courts can gain the right to decide a child custody case is if there is no other state in the United States of America that is considered the child’s “home state” or if such a state has refused to adjudicate the case because it believes it is better for the case to be handled in Florida. In such a case, the child and at least one of their parents must have a “significant connection” with Florida. Another way Florida courts can exercise jurisdiction is if there isn’t another court that can do so or if every other eligible court has refused to exercise jurisdiction.

When determining whether Florida can exercise jurisdiction to make initial child custody determinations, several questions can arise. For example, if the parents have shared equal parenting time with the child in different states for the required period, there may be disagreements as to which state exactly is the child’s “home state.”

Continuing Jurisdiction to Child Custody Modification

After a Florida court makes the initial child custody determination, it gains exclusive, continuing jurisdiction over the case. Other states cannot make changes to custody orders without deferring to Florida. However, Florida can relinquish jurisdiction under certain circumstances, for example, when the parties have not lived in Florida for several years.

The Law Office of Laura A. Olson Can Help With Your Child Custody Needs

If you need help with a child custody case, contact a qualified Tampa child custody attorney at the Law Office of Laura A. Olson, P.A., to schedule a consultation.

Source:

lrcvaw.org/laws/fluccjea.pdf