How to Transfer Jurisdiction in a Florida Child Custody to Another State
The Uniformed Child Custody Jurisdiction and Enforcement Act (UCCJEA), drafted by the National Conference of Commissioners on Uniformed State Laws, governs the way Florida, and all other states handle custody jurisdiction and enforcement. The UCCJEA was designed to avoid the confusion associated with conflicting custody orders in different states. According to the UCCJEA, the original state to issue a custody order maintains jurisdiction over the case, and all other states will enforce the original order. If a child resides in a state for at least six months, that state may hear the custody case. In cases where a state can show there is a significant connection to the child, no other state will claim jurisdiction over the case, or if there is an emergency, a different state may then hear the custody case.
Other People Are Reading
Instructions
-
-
1
Determine whether the state in which you reside can assume jurisdiction over the custody case, or just merely enforce the Florida order, pursuant to the regulations in the UCCJEA. If you can prove that a state has a "significant connection" to a state, and Florida is no longer assuming jurisdiction over the case, then a different state may hear the case. If you feel that you can show jurisdiction within another state, your solution will be to contact the court within the state that you are residing within and file for a custody hearing.
-
2
Hire an attorney. While it is not necessary to employ a lawyer for a custody case, interstate custody cases can be rather tricky. You also want to make sure that you have grounds for transferring jurisdiction. With an attorney, they can evaluate the Florida order and notify you of your options. If your attorney believes you have a case, you will have to file a petition.
-
-
3
Draft your petition. You attorney will request specific information from you in order to draft your petition. Your petition must explain your reasoning for petitioning for a change in jurisdiction. It must also state the change in circumstance that prompted the petition. All custody cases are decided based on the "best interest of the child", and should be approached as such. Explain in your petition, what is different about the situation that would warrant another state rendering a new custody order.
-
4
File a Petition with the clerk of courts. The clerk of courts in the appropriate county will process your petition. There is a filing fee associated with the filing, but it varies from county to county. Filing of the petition can be challenging when dealing with multiple states, but your attorney will handle this process for you.
-
5
Serve notice to the other parent. Once you have filed the petition with the clerk of court, it will then be the task of your attorney to serve notice to the other parent via certified mail, standard mail or sheriff.
-
6
Attend the hearing. There will more than likely be a hearing set for your case. Some states allow for telephonic court appearances when litigants are not able to appear in court due to living out of state. The judge, magistrate or arbitrator will hear the evidence presented and then make her decision based on the best interest of the child.
-
1
Tips & Warnings
Keep in mind that the original order form Florida may be in effect, and the current state will enforce it at your request.
In some states a parent that files for a change in jurisdiction will have to pay the travel expenses for the other parent and child for the court appearance.
References
Resources
- Photo Credit courthouse image by Michael Shake from Fotolia.com
