When a custody dispute involves two parties each of whom reside in different States the question arises as which State has jurisdiction over the child custody matters. This is one of the more complicated issues in family law and essentially involves two different laws, the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act of 1980.
The two Acts have the same common purpose. They both promote cooperation between state courts so that a determination of custody is rendered in the state that can best decide the case. Each of the Acts intends to aid and promote the exchange of information and assistance between the states and to facilitate the enforcement of custody and visitation decrees of sister states.
The State of Florida has adopted a version of the Uniform Child Custody Jurisdiction Act into its laws. The Act discourages continuing custody controversies, deters abductions, and attempts to establish guidelines for custody disputes between states. The Act assures that litigation concerning the custody of a child ordinarily takes place in the state with which the child and the child's family have the closest connection and in which significant evidence concerning the child's care, protection, training, and personal relationships is most readily available.
The general intent of the Uniform Child Custody Jurisdiction Act is that the home state of the child should be the jurisdiction to hear and determine custody matters. If the state that is attempting to exercise jurisdiction is not the home state, exceptional circumstances must be alleged and proven to establish a basis for jurisdiction.
A Florida court must decline jurisdiction if, at the time the petition is filed, a proceeding concerning the custody of the minor child is currently pending in a court in another state that is exercising jurisdiction substantially in compliance with the Uniform Child Custody Jurisdictional Act.
It is highly recommended that you set a consultation with an attorney who is familiar with this area of the law if this issue arises in your particular case. Under certain circumstances hiring a Florida attorney may not be necessary. It may be more prudent to hire an attorney in the other state. However, under certain circumstances the other state attempting to exercise jurisdiction is not the appropriate jurisdiction and it will become necessary for you to have attorneys in both states in order to transfer the action to Florida.
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