If you are a parent who is about to go through such proceedings as a divorce, a paternity action, or a post judgment case, then this blog is for you.
Americans are a mobile people. We tend to move a lot.
Whether that moving is for good reasons, or bad, the UCCJEA is something that will directly have an effect on your situation.
All too often, especially in Southwest Florida, we receive calls from people all over the country seeking to pursue a new case, or react to an existing one.
Because of this, there are a few very important initial determinations that need to be 
made.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a federal act that has been adopted by almost every state.
The goal, among other things, of this act was to reconcile the UCCJA and the PKPA before it.
For these purposes, it isn’t relevant to point out why, but only that the UCCJEA now stands as the most relevant state adopted act when determining jurisdiction for orders, etc. pertaining to children.
In Florida, Florida Statute § 61.514 lays out the initial groundwork for determining the home state and how jurisdiction is acquired and/or relinquished.
How Does The UCCJEA Work?
Without going into full detail, the UCCJEA in Florida works as follows:
First, the child must be in Florida before filing, or must have been in Florida within the last six (6) months while now at least one of the parents is still living here.
Second, it is a requirement that a determination is made that no other state already has home state jurisdiction.
This is relevant to consultations we deal with on a regular basis, as a lot of potential clients call in, or have just moved, from other states (e.g., Pennsylvania, New York, Illinois, etc.) and they want to pursue a new case, or modify things in their current case, however the child’s home state jurisdiction may still belong to their previous state.
In all cases regarding children filed in Florida, a UCCJEA affidavit must be prepared and filed detailing any and all information you know about any previous cases, if any, as well as the children’s address(es) for the last five (5) years; so be prepared to provide that information.
This may all seem like a real hassle, however keep in mind the goal here was, among other things, to protect against people stealing children and running across borders in search of a sympathetic tribunal.
It helps to provide stability and full faith and credit between states, so that there is a chronological certainty in determining whose order(s) shall be followed/enforced.
Before you embark on your case, it is important that you discuss your factual situation with an attorney, so that you understand fully where it is most appropriate to litigate.
If you, or someone you know is taking that step towards a situation like this, don’t wait, call Men’s Rights Law Firm today at 239-829-0166.
