Posted by Nydia Streets of Streets Law in Florida Paternity
If my child was removed from the state of Florida without my consent, can I file a petition for child custody in Florida? This is a question asked by many parents who feel their child was wrongfully removed from Florida. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is what a Florida court will look to when deciding if there is jurisdiction over a child custody case. This was an issue in the case Chatani v. Blaze, 3D21-2321 (Fla. 3d DCA August 17, 2022).
The father in this paternity case was led to believe that the mother of his child and the child would return to Florida after the mother took the child to Michigan. The child was born in Florida, but by the time the father filed his petition for paternity, the child had not lived in Florida for at least six months. The mother filed a competing petition in Michigan and filed a motion to dismiss the father’s Florida petition. At a hearing on the motion to dismiss, the trial court determined the mother’s testimony that she always intended to remain in Michigan was credible even though she never informed the father of her intention. The court therefore granted her motion to dismiss. The Michigan court, with whom the Florida court communicated, indicated it had concerns as to whether the mother engaged in unjustifiable conduct by not letting the father know of her intention to remain in Michigan. The father appealed.
The appellate court noted the standard of review for a motion to dismiss was de novo, while the standard for determination of home state under the UCCJEA is competent, substantial evidence. The court noted there are two ways under the UCCJEA to establish that Florida is a child’s home state: “Under the first way, the minor child must have resided in Florida for six consecutive months prior to the date of filing of the petition. It is clear under these factual circumstances that Florida did not have jurisdiction pursuant to the first way. Under the second, Florida has jurisdiction if at any time during the six months preceding the filing of the petition, Florida qualified as the minor child’s home state.”
The court found that neither requirement was met in this case, even though the father claimed the child’s absence from Florida was temporary. As to this argument, the court held “While we are sympathetic to the Father’s position that the Mother never informed him of her intentions, we are constrained ‘to accept the factual findings of the trial court so long as there is support for them by competent substantial evidence.’” Turning last to the father’s argument that the mother’s unjustifiable conduct should confer jurisdiction on the state of Florida, the appellate court rejected this contention, holding “Therefore, it is clear that unjustifiable conduct does not confer jurisdiction on a court where it otherwise does not have it. It simply operates as a basis for the court to decline jurisdiction if a party engages in it.”
Schedule your meeting with a Miami family law attorney to understand how the laws may apply to the facts of your case.