Is Florida the Correct State for My Child Custody Issue?

Under chapter 61, Florida Statutes, a Florida court generally has jurisdiction for a new custody case (such as (i) divorce involving children’s issues/parenting plan, (ii) paternity/ establishment of time-sharing schedule, or (iii) temporary or concurrent custody of a child by a relative) only if one of the following is true:

  • The child has lived in Florida for at least six months immediately prior to the case being filed (even if the child is or has been temporarily absent from Florida);
  • The child has moved from Florida within the past six months, but prior to that lived in Florida for at least six months; or
  • No other state or country has jurisdiction over the child (or the court of the child’s home state or country has declined jurisdiction) and the child has significant connections to Florida.

A Florida court may also take temporary jurisdiction if there is an emergency, such as if a child is abandoned in Florida or an order is necessary to prevent the abuse or mistreatment of a child.

Interestingly, a Florida Court may have jurisdiction to dissolve a marriage but not to enter an order on children’s issues.  For example, if a mother moves to Florida without her children and lives here for six months, a Florida court could dissolve her marriage, distribute most of her assets and liabilities, and award her alimony, but leave the issues of parental responsibility and time-sharing to the child’s home state.

Please keep in mind that there are separate rules when a party is looking to modify an existing custody order.  Usually, once a Florida court has established that it has jurisdiction over issues concerning a child, it will retain exclusive jurisdiction to modify an order concerning that child.

Jurisdiction is a highly technical area of the law.  If you are looking to retain a Florida family law attorney and have questions related to jurisdiction, you may schedule a consultation with The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our contact form.

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About Adam B. Cordover, Attorney-at-Law

Family Diplomacy is dedicated to helping clients restructure their families privately and respectfully. We practice exclusively in out-of-court dispute resolution, with a focus on collaborative divorce and family law, mediation, direct negotiations, and unbundled legal services. We maintain this out-of-court practice because we strongly believe that family disputes should be resolved in a private conference room, not in a hostile and public courtroom environment. This unique perspective on family law stems back to Adam B. Cordover’s experience studying International Affairs in Washington, D.C., and abroad. Adam had the rare opportunity to work closely with ambassadors and diplomats from war-torn regions around the world. He traveled around the globe, learning from diplomatic leaders as they applied dispute resolution techniques to tackle seemingly impossible conflicts. It dawned on him: If these techniques can work in the complex world of International Relations, why not Domestic Relations and Family Law? This realization lead Adam to create an exclusively out-of-court practice and to bring a more peacemaking approach to family law. In his previous role as a litigation attorney, Adam witnessed parties experience the negative emotional and financial effects that long, drawn out divorce battles can have on families. As a result, Adam has become a strong proponent of the Collaborative Process, where a structure is put in place so that life’s hardest moments do not have to be any more difficult than necessary. A thought leader in the international collaborative law community, Adam successfully spearheaded an effort of the Thirteenth Judicial Circuit to draft an administrative order safeguarding the principles of collaborative family law (just the fourth such administrative order in Florida). Adam has been featured in or interviewed about collaborative practice by the Tampa Bay Times, Tampa Tribune, Orlando Sentinel, Miami Herald, Tampa Bay Business Journal, Florida Bar News, NBC, Fox 13, Bay News 9, ABC Action News, The World of Collaborative Practice Magazine, and Spirit FM 90.5. Adam regularly speaks at professional and civic organizations locally and internationally regarding the collaborative process. Adam B. Cordover is president of Next Generation Divorce, a 501(c)(3) and Florida’s largest interdisciplinary collaborative practice group with member attorneys, mental health professionals, and financial professionals throughout Hillsborough, Pinellas, Pasco, Sarasota, and Manatee Counties. Adam is also on the Executive Board and co-chair of the Research Committee of the Collaborative Family Law Council of Florida. Further, Adam is a graduate of the inaugural class of the Leadership Academy of the International Academy of Collaborative Professionals. You can learn more about us and our services at www.FamilyDiplomacy.com. Attorney Adam B. Cordover is admitted to the Florida Bar and the United States District Court, Middle District of Florida. His office is located at 412 East Madison Street, Suite 824, Tampa, Florida 33602.
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