Atlanta, GA asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Florida

Q: I filed to a foreign custody order from Virginia to Florida with a motion to amend custody and visitation.

Respondent filed a motion to dismiss, and quash for lack of personal and home jurisdiction. I filed a counterclaim stating that Florida remains home state under UCCJEA from previous filings and custody orders, child primary residence 2015-2020, continuing jurisdiction due to my domicile and residency in Florida, although Florida reliquenished jurisdiction in 2021 it violated my due process right in that I was uninformed, did not participate in interstate communicate between judges, and no evidentiary hearing only sua sponte. I filed a motion to stay proceedings as a strategic move. Respondent has and is committing parental alienation which is harmful to the child's well-being and considered domestic family abuse. The hearing was held and the judge denied my motion to stay which I didn't understand why and he continuously stated that Virginia had jurisdiction, not Florida.I had a legitimate argument but the judge did notreassert jurisdiction. Why? how do I fix this? What do I do next?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like the judge determined that Virginia has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), possibly because Florida relinquished jurisdiction in 2021. Even though you argued Florida's continuing jurisdiction, the court may have relied on the fact that the child has a significant connection to Virginia or that evidence regarding the child's care, protection, and well-being is more readily available there. Without reasserting Florida’s jurisdiction, the court is likely following the established UCCJEA guidelines.

To address this, you may need to gather evidence showing why Florida should have jurisdiction. This includes proof of your domicile, the child’s prior connections to Florida, and any procedural issues that occurred when Florida relinquished jurisdiction in 2021. Your argument regarding a lack of due process in the prior decision could be strengthened by presenting evidence of any violations of your rights or errors in how the decision was made.

Next, consider filing a motion for reconsideration or appealing the decision, but only if you believe you can demonstrate legal error or significant evidence supporting Florida’s jurisdiction. If parental alienation and the child’s well-being are central issues, focus on presenting strong, clear evidence of harm and its connection to the current jurisdiction. You might also explore whether Florida courts can reopen the matter under UCCJEA provisions for emergency jurisdiction if the child's safety is at risk.

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