Under Florida law, child custody cases involving multiple states are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent jurisdictional conflicts and ensure due process. Recently, a Florida court issued an opinion highlighting the importance of procedural fairness when a trial court relinquishes jurisdiction to another state. If you are involved in an interstate custody dispute, it is prudent to consult a Miami child custody attorney to ensure your rights are protected.
History of the Case
It is reported that the plaintiff, an aunt who was awarded temporary custody of her minor niece, filed a Petition for Temporary Custody in Florida. Allegedly, the child’s parents, both of whom were incarcerated, consented to the arrangement, and the Florida court awarded the aunt temporary custody. It is reported that the child’s maternal grandmother, residing in North Carolina, had previously taken the child to her home, although she did not formally appear at the custody hearing.
Reportedly, following the Florida court’s temporary custody order, the aunt traveled to North Carolina to retrieve the child, only to find that the grandmother had obtained an ex parte emergency custody order from a North Carolina court. Fearing that the grandmother might leave the country with the child, the aunt filed an emergency motion in Florida for the return of the child. However, the Florida trial court sua sponte issued an order relinquishing jurisdiction to North Carolina without holding a hearing, concluding that North Carolina was a more appropriate forum under the UCCJEA. The aunt appealed, asserting that she was entitled to notice and an opportunity to be heard before the trial court could relinquish jurisdiction.
Interstate Custody Disputes
On appeal, the Florida court considered whether the trial court violated the aunt’s due process rights under the UCCJEA by relinquishing jurisdiction to North Carolina without notice or a hearing. The court emphasized that under Florida Statutes § 61.520, a court may only decline jurisdiction if it determines that another state is a more convenient forum, but must first consider factors outlined in § 61.520(2), including the location of evidence, the financial circumstances of the parties, and any risk of harm to the child.
The court held that under Florida law, any party with custody rights or interests is entitled to due process, including notice and an opportunity to submit information before a court relinquishes jurisdiction. The court emphasized that failure to provide such an opportunity typically constitutes reversible error. The court noted that because the aunt held temporary custody under a court order, she had a right to submit information on the § 61.520(2) factors, and the trial court’s sua sponte order violated her due process rights.
As a result, the court reversed the order relinquishing jurisdiction and remanded the case, instructing the trial court to allow the aunt to present information on the UCCJEA’s convenience factors before determining whether to retain or relinquish jurisdiction. The court also emphasized that such matters should be handled expeditiously in compliance with UCCJEA requirements.
Talk to a Skilled Miami Child Custody Attorney
Interstate custody disputes require careful adherence to procedural requirements to protect parental and custodial rights. If you are involved in such a dispute, it is advisable to talk to an attorney about your options. The skilled Miami child custody attorneys of the Law Offices of Sandy T. Fox, P.A. can assess your case and inform you of your avenues for seeking a just outcome. You can reach us at 800-596-0579 or use our online form to schedule a consultation.