Posted by Nydia Streets of Streets Law in Florida Child Custody

Can a Florida court enforce an out-of-state child custody order? This was an issue in the case Lopez v. Latif, 5D2025-2142 (Fla. 5th DCA March 6, 2026).

The appellants in this child custody case sought to domesticate in Florida and enforce an-out-of-state custody order. The Florida court declined, reasoning it needed emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in order to consider the issues raised by the appellants. An appeal followed.

The appellate court noted “The Uniform Child Custody Jurisdiction and Enforcement Act (‘UCCJEA’) ‘controls inter-state custody disputes.’ Haugabook v. Jeffcoat-Hultberg, 219 So. 3d 65, 66 (Fla. 4th DCA 2016). It gives jurisdictional priority to the court in the child’s home state, Hindle v. Fuith, 33 So. 3d 782, 784 (Fla. 5th DCA 2010), which makes the initial custody determination, Litsch v. Litsch, 372 So. 3d 315, 317 (Fla. 5th DCA 2023).”

The court concluded “But the home state rule does not prevent courts in other states from enforcing—rather than altering—the initial order. [. . .] Here, the court found that enforcing the home state order required temporary emergency jurisdiction—an impossibility since the child is not in Florida. See § 61.517(1), Fla. Stat. But such jurisdiction is only needed to make or alter a custody decision on an exigent basis. [. . .] While Appellants claimed the matter was an emergency based on alleging that the child is a victim of abuse, their petition was to domesticate and enforce the existing custody decision made by the home state court. Their petition did not ask the Florida court to modify the existing order, even on a temporary basis. In that scenario, temporary emergency jurisdiction was unnecessary. Instead, the court should have evaluated whether the home state custody order was enforceable under section 61.526.” The case was reversed and remanded “with instructions to consider the domestication and enforcement petition on the merits. We reject Appellants’ other arguments without discussion.”

This article is not legal advice. For advice specific to your case, schedule a meeting with a Miami family law attorney.