Uniform Child Custody Jurisdiction and Enforcement Act Florida Otherwise Known as the UCCJEA Florida
In a dissolution of marriage case in Florida, the UCCJEA Florida law (spelled out fully as Uniform Child Custody Jurisdiction and Enforcement Act Florida), the court needs to make a determination whether it has jurisdiction (legally binding authority) to hear your child custody case. As you may be aware, Florida courts are heavily inundated with dissolution of marriage cases, and do not have the time or resources to allow out-of-state cases into their system without sufficient proof that jurisdiction is appropriate. This series of requirements are a measure of resourcefulness, because Florida courts do not want to have jurisdiction battles with out of state courts when a more convenient forum has already been proven. Their attention and resources are best applied to Florida residents.
Therefore, the Florida Legislature has cobbled together an excellent Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute 61.514, otherwise Known as the UCCJEA Florida Statute. This Statute perfectly explains and clarifies the circumstances under which Florida courts will assume jurisdiction over your case, and when and why they may choose not to do so.
Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute
Pursuant to the Statute, Florida is considered the home state (for jurisdictional purposes) of the minor child(ren) as of the date of the beginning of the case, OR if Florida was the home state of the minor child(ren) within six months prior to the initiation of the proceeding. Six months is a more than reasonable amount of time during which litigants should establish residency and relationships within the State. The kid(s) whose interests are being decided by a Florida court can be living in another state for purposes of UCCJEA, as long as the parents or would-be custodial parents continuously maintain a residence within the State of Florida. Florida will not take jurisdiction over your case if another state has taken control of your case. However, if the other state(s) have declined jurisdiction, and the requirements provided by the UCCJEA Statute are present, Florida will likely integrate your case into its court system.
It is important that either the kid(s), the parent(s) or all parties have a “significant” connection with Florida that is more than a mere physical presence. Equally as important is that the Florida courts want to know that the child(ren) whose timesharing and child support is under consideration, have substantial ties (relationships) in/to the State of Florida. This may include schooling, friendships, extracurricular activities, a Driver License, mail, residency, etc.
Ultimately, the Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute, otherwise Known as the UCCJEA Florida law, is written and provided for marital dissolution litigants to alert them to the fact that Florida does not have to hear their case. Being a litigant in a Florida divorce court has certain requirements that must be fulfilled or else the court will recommend you litigate your issues in a more (or most) appropriate forum. This means another state, another jurisdiction. Before you file with the court, ask an attorney if you meet the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute, i.e. the UCCJEA Florida elements.
Technically speaking, family law cases are a form of civil litigation. However, when lawyers think about the meaning of civil lit, we more often conjure to mind eviction cases, commercial lease disputes, construction lawsuits, insurance disputes, and the list goes on. If you would like to learn more about civil litigation, visit our civil lit page today!