UCCJEA/UIFSA

Question 1

How do you get personal J over someone in UIFSA?

Answer 1

Served in FL
Lived with child in FL
Child LIVES in FL
Child conceived in FL
Provided prenatal expenses in FL

Question 2

UIFSA. 2 states have personal and SMJ. Which state prevails?

Answer 2

Child’s home state.

Question 3

GA does support order. Mom wants to modify it in FL. Can she?

Answer 3

Only if no one lives in GA. If anyone lives in GA, stays with GA.

Question 4

GA enters alimony order. Everyone moves to FL. Can FL modify GA order?

Answer 4

No. Only GA no matter what.

Question 5

GA enters alimony order. Everyone moves to FL. Can FL enforce GA order?

Answer 5

Yes, only if registered/domesticated here. Cannot modify.

Question 6

M lives in GA and wants to enforce her GA child support order in FL. What’s her first step?

Answer 6

Must register/domesticate it in FL.

Question 7

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?

Answer 7

No, GA must b/c dad still lives in GA.

Question 8

When can FL modify another state’s CS order?

Answer 8

Registered in FL
Petition filed in FL
Respondent subject to PJ in FL
Parent or child lives in FL.

Question 9

Why would M use PKPA over UCCJEA?

Answer 9

State doesnt’ have UCCJEA (Mass.)
OR
Public policy issue

Question 10

When does FL have J under PKPA?

Answer 10

FL is or was home state of child, or

child is in FL and abused/neglected

Question 11

What is required for personal J under UCCJEA?

Answer 11

Home state of child. nothing else.

Question 12

How does UCCJEA define home state?

Answer 12

Residence of child for prior 6 months with parent or person acting like parent

Question 13

Is personal service required under UCCJEA?

Answer 13

Yes.

Question 14

What are 4 tiers for determining when FL can make initial custody determination?

Answer 14

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.

Question 15

UCCJEA: are courts required to communicate?

Answer 15

NO

Question 16

When does FL lose J to modify a custody determination?

Answer 16

Everyone leaves
And no substantial connection
Or another court has CEJ

Question 17

How does FL get temporary J over a child under UCCJEA?

Answer 17

Child present in FL

Abandonment/abuse/mistreatement

Question 18

FL takes temporary J over child due to abuse. FL not home state. FL enters temp custody order. Does order become final?

Answer 18

It can, unless another court takes J

Question 19

What must be filed to enforce another state’s custody order in FL?

Answer 19

UCCJEA affidavit, incl. order has not been modified

Question 20

When can FL modify a GA custody order?

Answer 20

FL has jurisdiction to make initial determination (home state)
AND
No one lives in GA or GA declines J

Question 21

Can you get hit for child support in UCCJEA proceeding?

Answer 21

No, there’s an immunity shield

Question 22

Do you get fees in a UCCJEA case?

Answer 22

Yes.

Question 23

What is the burden of proof for a Hague case?

Answer 23

Preponderance of evidnece

Question 24

What are the things you must establish to win a hague case?

Answer 24

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

Question 25

Mom files Hague case for 14 year old child. Takes 2 years. Trial starts when child is 17. What does court do?

Answer 25

Deny, immediately loses J when child turns 16

Question 26

Name 7 defenses against returning a child per HAGUE

Answer 26

``` 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 ```

Question 27

How does FL make initial custody determination under UCCJEA

Answer 27

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

Question 28

When does FL lose continuing J for UCCJEA?

Answer 28

GA says no one in FL OR FL or GA says no sig conn and no substantial evidence

Question 29

FL can modify GA custody order if:

Answer 29

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

Question 30

What does court look at when determining whether to decline or exercise J under UCCJEA based on inconvenient forum?

Answer 30

``` DV Distance between states Time outside state Financial circumstances Evidence Agreements between parties Famliariy of courts and ability to move quickly Anything else ```

Question 31

H hits W. W flees to NYC and gets jurisdiction there. H says FL is home state. Ruling under UCCJEA?

Answer 31

“Unjustifiable conduct” means FL SHALL decline J unless FL is more convenient

Question 32

Where do you register GA custody order in FL?

Answer 32

Where P or D resides, ro where you want enforcement

Question 33

What is required when you rgister a GA custody order under UCCJEA?

Answer 33

Letter or doc requesting reigstration 2x (1 cert) of order Statement under oath order not modified Names/address of parents

Question 34

H files motion to enforce custody in FL. W files motion to modify custody in GA. Where do you go?

Answer 34

GA talks to FL. Both can move forward if they have J.

Question 35

You want to get PJ over GA man for paternity and child support. How?

Answer 35

``` 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 ```

Question 36

M files for CS in GA. F files in FL for same thing. When can FL proceed?

Answer 36

- 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)

Question 37

WHen does FL lost J to modify a FL CS order?

Answer 37

When FL’s order is not controlling order.

Question 38

If there are 2 different child support orders from FL and GA, which controls?

Answer 38

If FL has PJ over F/M, first who has continuing exclusive J? If both, then home state

Question 39

How do you register GA CS order for enforcement?

Answer 39

Letter transmittal 2 copies order, one cert Sworn statement of arrearage F’s address, SSN, job, property

Question 40

When can FL modify GA CS order?

Answer 40

``` Consent OR No one lives in GA M is not FL resident F is subject to PJ in FL ```

Question 41

Can FL modify the length of a GA child support order?

Answer 41

Only if GA allows, and look to GA law

Question 42

FL issues child support order. M moves to GA but wants to modify in FL. F moved to Japan. What happens?

Answer 42

FL can modify own order even if M leaves, if F is outside USA

Question 43

GA issues CS order. M, F, and child move to FL. Can FL enforce? Can FL modify?

Answer 43

FL can enforce | FL can modify