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When a Florida custody dispute involves one of the two parties residing in a different state, the issue of which state will have jurisdiction over the child custody matters will likely be raised. This is one of the most complicated divorce law issues that a family can face and it actually involves two Federal laws, the Uniform Child Custody Jurisdiction and Enforcement Act and the Parental Kidnapping Prevention Act of 1980.
These two acts were fashioned to achieve the same common goal, which is to promote cooperation between state courts so that a determination of custody is rendered in the state that can best decide the case. Each of the acts is intended to aid and promote the exchange of information between the states and to facilitate the enforcement of custody and visitation decrees of each one.
It is typical, under the Uniform Child Custody Jurisdiction and Enforcement Act, that the home state of the child becomes the jurisdiction to hear and determine custody matters. If the state that is attempting to exercise jurisdiction is not the home state, exceptional circumstances must exist to establish a basis for jurisdiction.
Florida Interstate Custody Laws
Florida has adopted its own version of the Uniform Child Custody Jurisdiction and Enforcement Act into its family law, meant to discourage custody controversies, deter abductions and establish guidelines for custody disputes between states. This law assures that litigation concerning the custody of a child takes place in the state in which the child and the child's family have the closest connection, particularly where the child has the best access to care, protection, training, and personal relationships.
If a custody proceeding is currently pending in the court of another state, the Florida court must decline jurisdiction under Florida child custody law.
How Interstate Custody Laws May Effect Your Florida Divorce
When it comes to matters of interstate custody, it is important that you hire an experienced Florida child custody attorney. If another state takes jurisdiction in your interstate child custody case, you may need to hire an attorney from that state. However, if you feel that the other state that is attempting to exercise jurisdiction is not the appropriate one, it may become necessary for you to have attorneys in both states if order to transfer the action to Florida.
The staff at the Law Offices of Stephen K. Miller, P.A., working from several locations throughout North-Central Florida, is well-versed in interstate custody matters. Contact Us today to find out how our attorneys can help to ensure that your rights as a parent are protected.
