Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child is wrongfully removed from Florida or the United States, the Uniform Child Custody Jurisdiction and Enforcement Act, and/or the Hague Convention may be implicated. When there are competing orders in different jurisdictions, a party may seek an antisuit injunction which means they are asking the Florida court to prevent a foreign court from exercising jurisdiction in the case. This was an issue in the case Niemeyer v. Niemeyer, 3D24-1692 (Fla. 3d DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a Florida court to exercise jurisdiction over a child custody matter, the child at issue must have resided in Florida for at least six months prior to the date of filing a petition. Whether or not a child lived in Florida for the required period of time is a question of fact that is decided after an evidentiary hearing. Florida Statutes authorize an award of attorney’s fees for a parent who enforces a foreign custody order in Florida. These were issues in the case Alvarez v. Jimenez, 3D20-610 (Fla. 3d DCA December 1, 2021).
