Legal Question in Family Law in Florida
You responded to question the other day-
"The parenting plan should be modified in the state that has jurisdiction (the child's home state), although that isn't always what happens."
If there is an existing parenting plan in effect in the child's home state, which is not FL, under what circumstances would FL modify it? One of the reasons order establishment requested under UIFSA was to get order for child support and not mess with an existing custody order.
1 Answer from Attorneys
Issues involving custody and visitation, or, as we now say in Florida, "parenting plans," must be modified in the state in which the child has lived for the past six months. There are very few exceptions to this rule. Florida, for instance, will usually only modify custody where another state has jurisdiction where a Florida court believes child abuse or neglect is occurring or has occurred in the other state.
Child support modification or enforcement is more complex because there are no uniform laws governing where modification should occur. A Florida court will usually not modify child support where the payor (the person who owes support) lives outside of Florida. Most states follow this rule, I believe. So, to modify child support upwardly or to get child support ordered, the case would have to be filed in the payor's state.
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