Fort Lauderdale Divorce Lawyer Blog
Interstate child custody disputes can be among the most challenging legal battles, requiring courts to navigate complex jurisdictional laws while ensuring fairness to both parents. For example, if a parent does not have notice of key communications in a case, any ruling related to said communications may be unjust, as discussed in a recent Florida decision. If you are involved in a multi-state custody case, understanding your legal rights is crucial, and consulting an experienced Florida family law attorney can make all the difference.
History of the Case
It is reported that the parties were married in Tennessee in 2017 and had a child together. The father later spent significant time in Key West, Florida, while the mother and the child primarily resided in Tennessee. In December 2023, the mother filed for divorce in Tennessee, stating that the child lived with her in Knoxville and requesting joint custody. Two days later, the father filed for divorce in Florida, also seeking joint custody and asserting that the child lived with him in Key West.
It is alleged that both parties filed motions to dismiss the other’s case, each arguing that their respective state had jurisdiction over the custody matter. The Tennessee court held a hearing and determined that it needed to communicate with the Florida court to establish which state had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Reportedly, the Florida court scheduled an evidentiary hearing on the matter, but it unexpectedly canceled the hearing the day before it was set to take place. Shortly thereafter, the Tennessee court issued an order finding that Tennessee was the child’s home state and denied the father’s motion to dismiss. Following this ruling, the Florida trial court dismissed the Florida case, stating that it had conducted a UCCJEA conference with the Tennessee court and determined that Tennessee had jurisdiction.
Allegedly, the father moved for rehearing, arguing that he was not given the opportunity to participate in the UCCJEA communication and was denied access to a record of the discussion. The trial court denied the motion, leading to the father’s appeal.
Appellate Court’s Review and Ruling
On appeal, the court reviewed whether the trial court complied with the procedural requirements of the UCCJEA. Under Florida Statutes section 61.511, when a Florida court communicates with a court in another state about a child custody proceeding, it must allow the parties to participate in the communication. If a party elects to participate, they must be given the opportunity to present arguments before a jurisdictional decision is made. Additionally, a record of the communication must be created and made accessible to the parties.
The court found that the Florida trial court failed to meet these legal obligations. First, it did not notify the parties before communicating with the Tennessee court, preventing them from participating in the discussion. Second, the trial court did not provide a record of the communication, depriving the father of the ability to review what had been discussed and decided. The court emphasized that the statute uses the word “shall,” indicating that these steps are mandatory, not optional.
The mother argued that the father had not explicitly elected to participate in the communication before it occurred. However, the court rejected this reasoning, stating that the trial court was required to provide notice before the communication took place, allowing the parties the opportunity to be present. By failing to do so, the trial court violated fundamental due process rights, which require that parties receive adequate notice and an opportunity to be heard before a court makes a decision affecting their rights.
As a result, the court reversed the trial court’s dismissal of the Florida custody case and remanded the case for further proceedings, instructing the lower court to comply with the UCCJEA’s procedural requirements.
Consult an Experienced Florida Child Custody Attorney
A court’s failure to follow proper legal procedures can significantly impact a parent’s custody rights and the outcome of their case. If you are involved in a custody dispute spanning multiple states, the experienced Miami family law attorneys at the Law Offices of Sandy T. Fox, P.A. can help protect your rights and ensure that the legal process is followed correctly. To schedule a confidential consultation, contact us at 800-596-0579 or use our online form.