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What is the duty of the court to enforce a child custody determination from another state?
| Posted on October 13, 2016 at 1:25 PM |
comments (64)
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A Florida court will recognize and enforce a child custody determination from a court in another state if the other court exercised jurisdiction that substantially conformed with Florida laws, or the determination was made under factual circumstances that meet Florida’s jurisdictional standards. Because jurisdictional standards in Florida are fairly similar to those of other states, it is likely Florida would enforce on a foreign custody determination.
Can Florida decline jurisdiction by reason of a party's conduct?
| Posted on October 13, 2016 at 1:20 PM |
comments (55)
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If a Florida court has jurisdiction in a case because a person who was seeking to invoke Florida’s jurisdiction engaged in unjustifiable conduct, then that court will decline to exercise its jurisdiction, unless The parents and all persons acting as parents agree to Florida taking jurisdiction; or a court of the state otherwise having jurisdiction determines that Florida is a more appropriate forum. Florida would also take jurisdiction if no court of any other state would have jurisdiction.
If a child custody matter was decided in another state, can Florida obtain jurisdiction to modify?
| Posted on October 13, 2016 at 1:15 PM |
comments (93)
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Florida may not modify a child custody determination made by a court of another state unless the Florida court jurisdiction to make an initial determination, and:
The court of the other state determines it no longer has exclusive, continuing jurisdiction, or that a court in Florida would be a more convenient forum under; or
Either Florida or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
Can I get testimony from someone living in another state?
| Posted on October 13, 2016 at 1:10 PM |
comments (19)
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A party to a child custody proceeding may offer testimony of witnesses located in another state, by deposition or other means available in Florida, for testimony taken in another state. The court may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
Upon agreement of the parties, the court may permit an individual residing in another state to be deposed or to testify by telephone or other electronic means. A court in Florida will cooperate with courts of other states in designating an appropriate location for deposition testimony.
How is notice perfected to persons outside the state?
| Posted on October 13, 2016 at 1:10 PM |
comments (0)
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Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the laws of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice, but may be made by publication if other means are not effective.
Proof of service may be made in the manner prescribed by the laws of the state in which the service is made.
Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
