UCCJEA/UIFSA Flashcards
How do you get personal J over someone in UIFSA?
Served in FL Lived with child in FL Child LIVES in FL Child conceived in FL Provided prenatal expenses in FL
UIFSA. 2 states have personal and SMJ. Which state prevails?
Child’s home state.
GA does support order. Mom wants to modify it in FL. Can she?
Only if no one lives in GA. If anyone lives in GA, stays with GA.
GA enters alimony order. Everyone moves to FL. Can FL modify GA order?
No. Only GA no matter what.
GA enters alimony order. Everyone moves to FL. Can FL enforce GA order?
Yes, only if registered/domesticated here. Cannot modify.
M lives in GA and wants to enforce her GA child support order in FL. What’s her first step?
Must register/domesticate it in FL.
M lives in FL. Dad lives in GA. Dad has CS order from GA. Child moves to FL with mom. Mom wants to enforce GA order in FL. Can she?
No, GA must b/c dad still lives in GA.
When can FL modify another state’s CS order?
Registered in FL
Petition filed in FL
Respondent subject to PJ in FL
Parent or child lives in FL.
Why would M use PKPA over UCCJEA?
State doesnt’ have UCCJEA (Mass.)
OR
Public policy issue
When does FL have J under PKPA?
FL is or was home state of child, or
child is in FL and abused/neglected
What is required for personal J under UCCJEA?
Home state of child. nothing else.
How does UCCJEA define home state?
Residence of child for prior 6 months with parent or person acting like parent
Is personal service required under UCCJEA?
Yes.
What are 4 tiers for determining when FL can make initial custody determination?
FL home state
Fl not home state but parent/child have significant connections OR no other options
If not then, solely b/c FL is approrpaite forum.
If not then, default to FL i suppose.
UCCJEA: are courts required to communicate?
NO
When does FL lose J to modify a custody determination?
Everyone leaves
And no substantial connection
Or another court has CEJ
How does FL get temporary J over a child under UCCJEA?
Child present in FL
Abandonment/abuse/mistreatement
FL takes temporary J over child due to abuse. FL not home state. FL enters temp custody order. Does order become final?
It can, unless another court takes J
What must be filed to enforce another state’s custody order in FL?
UCCJEA affidavit, incl. order has not been modified
When can FL modify a GA custody order?
FL has jurisdiction to make initial determination (home state)
AND
No one lives in GA or GA declines J
Can you get hit for child support in UCCJEA proceeding?
No, there’s an immunity shield
Do you get fees in a UCCJEA case?
Yes.
What is the burden of proof for a Hague case?
Preponderance of evidnece
What are the things you must establish to win a hague case?
Child is under the age 16 Outside home country Habtitual residence elsewhere Right to custody violated Right to custody would have been exercised but for removal
Mom files Hague case for 14 year old child. Takes 2 years. Trial starts when child is 17. What does court do?
Deny, immediately loses J when child turns 16
Name 7 defenses against returning a child per HAGUE
Filed more than 1 year after leave/discovered they left Child settled Not exercising custody Consent to removal Grave risk if returning Child is mature and consents Returning would shock conscience
How does FL make initial custody determination under UCCJEA
Home state of child for 6 mo w/ parent or acting
OR
Child absent and parent lives in FL
OR
No J in other state and child or parent have substnatial connection to FL and evidence about child’s care in FL
When does FL lose continuing J for UCCJEA?
GA says no one in FL
OR
FL or GA says no sig conn and no substantial evidence
FL can modify GA custody order if:
GA says we don’t have J any more
OR GA says FL is more convenient
OR FL or GA says no one lives in GA
What does court look at when determining whether to decline or exercise J under UCCJEA based on inconvenient forum?
DV Distance between states Time outside state Financial circumstances Evidence Agreements between parties Famliariy of courts and ability to move quickly Anything else
H hits W. W flees to NYC and gets jurisdiction there. H says FL is home state. Ruling under UCCJEA?
“Unjustifiable conduct” means FL SHALL decline J unless FL is more convenient
Where do you register GA custody order in FL?
Where P or D resides, ro where you want enforcement
What is required when you rgister a GA custody order under UCCJEA?
Letter or doc requesting reigstration
2x (1 cert) of order
Statement under oath order not modified
Names/address of parents
H files motion to enforce custody in FL. W files motion to modify custody in GA. Where do you go?
GA talks to FL. Both can move forward if they have J.
You want to get PJ over GA man for paternity and child support. How?
Long arm for paternity (conceive) OR ch 88 Service Consent Resided w/ child Resided and paid prenatal in FL F put child in FL Conceived in FL Asserted parentage of ANY child in FL
M files for CS in GA. F files in FL for same thing. When can FL proceed?
- F filed in FL before time ends to challenge in GA
- F files in GA challenging too
- FL is home state of child (if relevant)
WHen does FL lost J to modify a FL CS order?
When FL’s order is not controlling order.
If there are 2 different child support orders from FL and GA, which controls?
If FL has PJ over F/M, first who has continuing exclusive J?
If both, then home state
How do you register GA CS order for enforcement?
Letter transmittal
2 copies order, one cert
Sworn statement of arrearage
F’s address, SSN, job, property
When can FL modify GA CS order?
Consent OR No one lives in GA M is not FL resident F is subject to PJ in FL
Can FL modify the length of a GA child support order?
Only if GA allows, and look to GA law
FL issues child support order. M moves to GA but wants to modify in FL. F moved to Japan. What happens?
FL can modify own order even if M leaves, if F is outside USA
GA issues CS order. M, F, and child move to FL. Can FL enforce? Can FL modify?
FL can enforce
FL can modify
