Understanding Florida’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Introduction

When parents live in different states and custody disputes arise, determining which state has jurisdiction can be complicated. To address these conflicts, Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a law designed to establish clear rules for which state has the authority to decide custody matters and how custody orders are enforced across state lines.

This guide explains how Florida’s UCCJEA works, when jurisdiction applies, and how the law helps resolve interstate custody disputes.

What Is the UCCJEA?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform law adopted by most U.S. states, including Florida, to resolve child custody jurisdiction conflicts between states. It is intended to:

• Prevent parents from forum shopping (moving to another state to get a more favorable custody ruling).
• Ensure that custody cases are handled in the child’s home state.
• Provide enforcement mechanisms for custody orders when a parent moves or abducts a child.

Florida’s UCCJEA is codified in Florida Statutes Section 61.501–61.542 and applies to all child custody cases involving multiple states.

How Does the UCCJEA Determine Which State Has Jurisdiction?

The UCCJEA establishes four primary ways a state can have jurisdiction over a child custody case. These rules ensure that only one state has authority over custody matters at any given time.

1. Home State Jurisdiction

The home state is the state where the child has lived with a parent or guardian for at least six consecutive months before the custody case is filed.

• If the child is younger than six months, the home state is where they have lived since birth.
• If a child has recently moved, the previous home state may still have jurisdiction if a parent remains there.

Florida courts must give priority to the child’s home state when determining custody jurisdiction.

2. Significant Connection Jurisdiction

If there is no home state, Florida may assert jurisdiction if:

• The child has significant connections to Florida (such as extended family, school enrollment, or medical care).
• Substantial evidence about the child’s well-being exists in Florida.

This type of jurisdiction is only used if no other state qualifies as the home state.

3. Emergency Jurisdiction

Florida courts can temporarily exercise custody jurisdiction in emergencies where:

• The child is in immediate danger, such as cases involving domestic violence or abuse.
• The child has been abandoned, and urgent action is needed to protect their safety.

Emergency jurisdiction is temporary, and Florida courts will defer to the home state for long-term custody determinations.

4. Default Jurisdiction

If no other state has jurisdiction or all states decline to exercise jurisdiction, Florida courts may assume authority over the custody case by default.

How the UCCJEA Prevents Parental Kidnapping and Custody Conflicts

The UCCJEA includes provisions to prevent parents from unlawfully taking children across state lines to seek a more favorable custody ruling.

• Once a Florida court has established home state jurisdiction, another state cannot modify the custody order unless Florida relinquishes jurisdiction.
• Courts in other states must recognize and enforce Florida custody orders under the UCCJEA.
• If a parent takes a child to another state in violation of a Florida custody order, Florida courts can work with out-of-state courts to enforce the order and return the child.

This framework reduces interstate custody disputes and discourages parental abductions.

How Florida Courts Enforce Out-of-State Custody Orders

Under the UCCJEA, Florida courts must enforce valid child custody orders issued by other states as long as:

• The original state properly exercised jurisdiction under the UCCJEA.
• The custody order has not been modified by another court with proper jurisdiction.

If a parent moves to Florida and another state issued the original custody order, Florida courts will recognize and enforce that order unless a jurisdictional change is approved.

How to Modify a Custody Order Under the UCCJEA

If a parent wants to modify a child custody order after moving to Florida, they must establish that Florida now has jurisdiction. This usually requires:

• The child living in Florida for at least six consecutive months.
• The original state releasing jurisdiction if it no longer has a valid connection to the child.

Before filing for modification in Florida, a parent should consult with an attorney to determine whether Florida courts have jurisdiction to make changes.

What Happens If Two States Claim Custody Jurisdiction?

If two states both claim jurisdiction over a custody case, the UCCJEA provides a procedure for resolving the conflict:

• Judges from both states must communicate to determine which court should handle the case.
• Priority is given to the state that meets home state jurisdiction requirements.
• If no home state exists, the courts will decide which state has the strongest connection to the child.

This process prevents parents from engaging in custody battles across multiple states.

What to Do If a Parent Violates the UCCJEA by Taking a Child Across State Lines

If a parent relocates a child to another state in violation of a custody order, the other parent can:

• File a motion for enforcement under the UCCJEA, requiring the other state to return the child.
• Request emergency jurisdiction if the child is in danger.
• Seek contempt of court charges against the violating parent.

Because the UCCJEA is recognized by almost all states, courts work together to enforce custody orders and prevent parental kidnapping.

How a Family Law Attorney Can Help

A family law attorney can assist with:

• Establishing proper custody jurisdiction under the UCCJEA.
• Enforcing or modifying out-of-state custody orders in Florida.
• Filing legal motions if a parent relocates a child unlawfully.
• Representing clients in jurisdictional disputes involving multiple states.

At Bonderud Law, we help parents navigate interstate custody issues under the UCCJEA to protect their parental rights and ensure compliance with Florida law. If you need assistance with a custody case involving multiple states, contact us today for a free consultation.

Conclusion

Florida’s UCCJEA establishes clear guidelines for determining which state has jurisdiction over child custody casesand ensures that out-of-state custody orders are enforced. This law helps prevent parental kidnapping and ensures consistency in custody decisions across state lines.

If you are involved in a multi-state custody dispute or need to enforce or modify an existing custody order, consulting with an experienced family law attorney can help you navigate Florida’s UCCJEA and protect your child’s best interests.