Florida Uniform Child Custody Jurisdiction & Enforcement Act

Florida child custody

Florida adopted its version of the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA), which governs how Florida handles interstate child custody laws. Primarily, Florida's Uniform Custody Jurisdiction & Enforcement Act deals with child custody and visitation orders for orders that were initially handled by courts in other states.

Filing a Petition

To file a petition under Florida's Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA), a parent should contact a family court in Florida. The court will request pertinent information, such as child's names, addresses, dates and places of birth and information about the current child-custody arrangements.

Initial Child Custody Determination

A court in Florida can make a child custody determination if the child lives in Florida at the beginning of the court proceeding or if Florida was the home state of the child six months before the start of the court process. Additionally, another state should not be able to exercise jurisdiction over the case or the state should have refused to exercise any jurisdiction in the case and the child and his parents have a significant connection with the state other than physical presence, such as a home in Florida.

Visitation

Even if a Florida court does not have the ability to modify child custody, it may issue an order to enforce another state's visitation schedule or a visitation order granted by another state without a specific visitation schedule. A visitation order that is enforced by Florida will remain in effect until the original court enforces a new visitation order.

Warrant for Physical Custody

If a Florida court believes a child might suffer serious physical harm or possible removal from the state, the court may issue a warrant for physical custody. A warrant for physical custody will contain a detailed report on the child's living conditions that present the reasons why the child is imminently endangered, a direction to law enforcement to take physical custody of the child immediately and a provision for the temporary placement of the child.

Personal Appearance by the Parties

In Florida, under the UCCJEA, the court may request the parents to appear in person for a custody or visitation proceeding, with or without the child. If a parent is in the state, the court will most likely request the parent to appear in person with the child. If a parent is in another state, a Florida court may issue a notice to require a parent to appear in person, with or without the child. If a parent cannot afford to appear in a Florida court, the court may require another party to pay a parent's expenses for a court appearance.

References

• Florida Courts; Instructions for Florida Supreme Court-Approved Family Law Form 12.902(d)
• Florida Legislature: Uniform Child Custody Jurisdiction and Enforcement Act