Does Florida Law Govern Your Custody Dispute?
We live in a mobile society. Divorced parents move away for new jobs, new loves, military duty, or out of economic necessity. Meanwhile, child custody legal issues remain tied to the state where the child lives or where the parents were divorced.
I am Jeffrey Klein, a Daytona Beach divorce and family law attorney with substantial experience in custody jurisdiction issues. I represent custodial or non-custodial parents in disputes over custody, visitation and child support, particularly proceedings in Volusia County and Flagler County. Discuss your situation in an initial consultation.
Interstate Child Custody Jurisdiction
When one or both parents relocate across state borders, custody is governed by the federal Uniform Child Custody Jurisdiction and Enforcement Act. The UCCJEA was established to avoid jurisdictional wrangling between states and to prevent parents from "shopping" for a state with favorable laws to have custody established or overturned.
I am knowledgeable about the UCCJEA and the complicated issue of whether the Florida court will have jurisdiction over your case. I regularly handle cases of interference with visitation rights and child support enforcement, as well as petitions for custody modification when Florida courts have jurisdiction. I can also connect you with a qualified attorney in another state if Florida law does not apply.
- Florida courts retain jurisdiction if one parent (custodial or non-custodial) still lives here.
- If both parents have left the original jurisdiction, Florida can take jurisdiction six months after the custodial parent moves here.
There may be unique factors in your case that create exceptions to UCCJEA rules; I can advocate for you in proceedings to establish or challenge jurisdiction. In the actual custody dispute, I represent local residents as well as out-of-state parents who formerly lived in Florida or now must answer to a Florida court because the other parent still lives here.
You need a lawyer with courtroom experience and an understanding of the complex issues at play. Call my Daytona Beach office at 866-819-6032 for an initial consultation.