Child Custody, UCCJEA, and Home State Rules

Things can get complicated when child custody disputes cross state lines. Fortunately, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides clear legal standards for determining which state has authority to make custody decisions.

For Florida parents, especially those considering a move out of state, understanding the UCCJEA and home state rules is crucial. Contact a Port St. Lucie family law attorney to discuss what you are hoping for when it comes to your relationship with your child.

Why Does Home State Status Matter?

The UCCJEA is a law adopted by Florida and nearly every other U.S. state. It governs which state has the power to decide custody matters when parents live (or plan to live) in different states. The goal is to prevent conflicting custody orders and discourage parents from moving from state to state in search of a more favorable outcome.

Under the UCCJEA, a child’s home state is defined as the state where the child has lived with a parent or guardian for at least six consecutive months before a custody case is filed. For children under six months old, the home state is where they’ve lived since birth.

Florida courts will usually have jurisdiction over a custody matter if:

• Florida is the child’s home state, or
• Florida was the home state within the past six months and the child is now living elsewhere, but a parent still resides in Florida.

The home state has the exclusive right to make initial custody determinations. If a parent moves out of Florida with the child without proper legal authorization, they may not be able to file for custody or modifications in the new state until the six-month threshold is met. And even then, Florida may retain jurisdiction if the other parent still lives here.

In high-conflict situations, one parent might try to move with the child and seek custody in the new state. The UCCJEA helps prevent that by requiring courts to communicate and recognize each other’s orders, ensuring only one state has authority at a time.

Thinking of Moving?

If you’re a Florida parent planning to move out of state you need to handle the situation carefully. This is true whether you want to move for work, family, or a fresh start.

Before making any plans, speak with a family lawyer who understands interstate custody issues and UCCJEA procedures. Then, if you’re in the process of divorcing or finalizing custody terms, you may want to include language that addresses potential future moves.

Depending on the situation, you may need to file a petition to relocate, too. Florida law requires a parent to obtain permission from the court or the other parent to move more than 50 miles away with the child. A Port St. Lucie family law attorney can help you secure a custody arrangement that supports your family’s future.

Are you a parent who is considering moving? The experienced lawyers at Baginski, Brandt & Brandt are available to guide you through interstate custody issues. To schedule a consultation, simply reach out.