20 Nov Child Custody: Do Florida Courts have Jurisdiction over my Child Custody Dispute?
Jurisdiction in Miami, FL Child Custody Disputes
I have a dispute with my child(ren)’s parent with regards to our active Florida Parenting Plan. Where can I file the action?
In Miami, Florida divorces involving children, the petitioner must file what is known as a UCCJEA (Uniform Child Custody Judicial Enforcement Act) affidavit along with their petition. In fact, this affidavit must be used in any case involving custody of, visitation with, or time-sharing with any minor child(ren). This affidavit is required even if the custody of, visitation, or time-sharing with the minor child(ren) are not in dispute. This affidavit is used in order to help Florida courts determine which state has proper jurisdiction to make child custody determinations. The effect of the Florida Family Court’s decision with regards to jurisdiction is that once the Florida court has made a custody determination, it keeps jurisdiction over all matters concerning that child until a Court determination is made otherwise.
Accordingly, any “parenting plan” (“custody” / “time-sharing”, etc.) type determination (including modifications) that involves the children, must take place in the Court which originally had jurisdiction with regards to your Florida Parenting Plan. Of course, like most other things in life, there are exceptions to the rule, including some situations in which all parties to the action (including the child) no longer reside in the State which originally had jurisdiction.
If you have questions regarding your South Florida parenting plan, are having child custody issues, and/or have any other Florida Family Law-related questions, please feel free to call a Miami Divorce Attorney at 1.786.309.8588. We will help or will try to put you in contact with someone who can.