Legal Question in Family Law in Florida

Married couple divorced in Kentucky approx. 2.5 years ago. Mom and dad were given joint legal custody and physical custody was given to mother for 3 years. Shortly after, the mom and children moved to Florida, while the dad moved to California. Child support was waived in the settlement. Mom files petition to modify custody in the Florida courts because all parties no longer live in Kentucky, the children have been living in Florida for over two years, and the father is not self-sufficient yet (hence the reason why the mother agreed to waive child support, i.e., so father could get his life together). Florida court is stating they don't have jurisdiction to modify because the mother failed to register a foreign order. Mom disagrees stating the UCCJEA applies in this case not the UIFSA. Different acts, different rules. UCCJEA does not require registration before modification and personal jurisdiction unlike the UIFSA. The point behind registering is to allow Florida to enforce the foreign custody order, but the custody order still remains to be the issuing state, i.e., Kentucky. Enforcement would allow law enforcement to take action if the parent in that state does not comply with the order. The court cannot use the argument that Florida Statute 55 Record of a Foreign Judgement applies. One is states you "may" record a foreign judgement, which means its not mandated. Two, and more importantly, the statute repeatedly uses the term debtor and creditor. Last I knew, children have no monetary value and are not considered property. Am I right or wrong?


Asked on 5/26/13, 5:16 pm

1 Answer from Attorneys
John Smitten Carey and Leisure

To transfer a case to FL you can register it and you can use the UCCJEA and the Full Faith and Credit Clause of the US Constitution, plus FS Chapter 55, You do not have to use all these ways but to cover yourself you should. Registration under UIFSA is easy you just need a certified copy of the out od state judgment then record it in FL with the clerk.

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Answered on 5/27/13, 6:04 am


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