When multiple states are potentially involved, the Uniform Child Custody Jurisdiction and Enforcement Act controls which court can decide custody. The starting point: the child’s home state — where the child has lived for the prior 6 months.
Quick Answer
UCCJEA (Fla. Stat. Ch. 61 Part II) determines which state has child-custody jurisdiction. Home state: where the child lived with a parent for the prior 6 consecutive months. Florida divorce residency (6 months under § 61.021) is separate from UCCJEA child-custody jurisdiction — the two can point to different states. Exclusive continuing jurisdiction: the issuing state generally retains modification authority even after a move. Emergency jurisdiction applies when the child is abandoned or at immediate risk. Free consultation: 877-862-7188.
1. Initial child custody jurisdiction. Under Fla. Stat. § 61.514, jurisdiction lies with: (a) the child’s home state; (b) a state with significant connections and substantial evidence if no home state exists or it has declined; or (c) Florida if all other states have declined; or (d) emergency jurisdiction in cases of abandonment or abuse.
2. Exclusive continuing jurisdiction. Once a state has issued a UCCJEA-compliant custody order, that state retains modification jurisdiction under § 61.515 until: (a) the child and both parents no longer reside there; or (b) a court determines the state is no longer a convenient forum.
3. Modification jurisdiction. Florida cannot modify another state’s custody order unless: (a) Florida has initial jurisdiction (rare); and (b) the issuing state has lost continuing jurisdiction or determined Florida is the more convenient forum.
Common scenarios. A Florida divorce filer who recently moved here from another state may meet the 6-month divorce residency for Florida but lack UCCJEA home-state jurisdiction over the children — forcing the custody portion to be heard in the prior state. Military families with multiple PCS moves often face complex UCCJEA analysis. Coordinating divorce venue with custody jurisdiction is critical to avoid procedural traps.
UCCJEA analysis when divorce involves children with multiple-state ties.