Dealing with child custody issues is hard enough; however they are particularly tough if you are also dealing with issues involving multiple states, jurisdiction and the UCCJEA. The UCCJEA stands for the Uniform Child Custody Jurisdiction Enforcement Act. This act has been passed in virtually every state in the United States including Florida.
The UCCJEA was originally established in 1968. Originally known as the UCCJA, it was modified to include the word ‘enforcement’ in 1997. The enactment of the UCCJEA/UCCJA was done to provide some consistency in dealing with interstate child custody issues and jurisdiction over those cases. It further would help to discourage forum shopping and reduce conflict between competing orders from multiple states.
Under the UCCJEA, a court may hear an initial child custody action in the location where a child has lived for at least six months. There may be some exceptions such as where the case does not involve one of initial jurisdiction, emergencies, inconvenient forums and other reasons. Under the UCCJEA, a child custody decision issued by a Court lacking jurisdiction may not be enforceable. It is important to make sure that your child custody case is in the right jurisdiction.
Interstate jurisdiction issues in a child custody case is a complex matter. Ms. Luna has experience with these cases both in Florida and Nevada. If you believe that your case involves a jurisdiction issue, we urge you to contact a licensed attorney in both states were the case may be pending prior to filing a response and before the deadline for any such response. Our office is happy to assist with cases occurring in Florida. To schedule a consultation, please call (904) 387-3334.
This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction. If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.
K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Florida law only. If you are looking for information for another jurisdiction, please contact an attorney in that area. The Luna Law Firm handles family law matters in Jacksonville, Florida, Clay County, Baker County, Saint Johns County and Nassau County. Contact the Luna Law Firm today 904-387-3334 to schedule a consultation to discuss your Florida family law matter.