Chapter 742 and the UCCJEA: Is Childbirth an Unbridled Key to Forum Shopping?

Dr. John and Helen met in Palm Beach and had a baby together. When their relationship didn’t work out, Dr. John filed a case to prove he was the baby’s father. Helen’s lawyer in Texas filed a motion to stop the case, saying the Florida court didn’t have the right to decide. The legal battle continued, and Helen had a baby girl named Emily. Helen’s lawyer said that the Florida court had jurisdiction to hear the child support case because she was served in Florida. However, it was not clear whether the court had jurisdiction over Dr. John’s lawsuit about paternity. Florida law allows unmarried mothers to file a paternity case, but it doesn’t say if a father can do the same before the child is born. Helen’s lawyer argued that allowing a father to file a paternity case before the child is born would make part of the law meaningless. Dr. John’s lawyer disagreed, saying it would be unfair to make a father wait until the child is born to assert his rights when the mother can file as soon as she is pregnant. This raises questions about whether the law treats mothers and fathers equally. The judge needs to figure out if the Florida court has the power to make decisions about where Helen’s baby should live. They have to follow the UCCJEA rules, which are meant to prevent conflicts between different states’ courts over child custody. Helen’s lawyer argued that Florida can make the decision if the baby has lived in Florida or had a parent living in Florida for a certain amount of time. The lawyer explained that the definitions in F.S. §61.503 are really important for figuring out if Florida has jurisdiction over a custody case. For example, a “child” is someone under 18, “commencement” is the start of a legal case, and “home state” is where a child has lived for at least 6 months before a custody case starts. In a case involving an unborn baby, the lawyer argued that Florida wasn’t the baby’s home state because she hadn’t been born yet when the case started. The lawyer said the baby’s home state was Texas, where she would have lived since birth. The lawyers in this case are arguing about whether Florida’s custody laws apply to an unborn baby. Helen’s lawyer says the laws only apply to kids who have been born, while Dr. John’s lawyer says the laws should apply to unborn babies to prevent moms from going to another state to avoid custody laws. If the court decides the laws only apply to born babies, they won’t be able to consider other situations where Florida’s custody laws could still apply. The issue was whether Texas had the right to make decisions about child support for baby Emily. Dr. John’s lawyer argued that it wouldn’t make sense for Texas to decide some issues while Florida decides others, since they are so far apart. The lawyer also pointed out a Florida law that allows paternity actions to start before a baby is born, which could apply to baby Emily. It wouldn’t make sense for a mother to be able to file a paternity action in Florida before the baby is born, but then not have Florida be able to decide custody if the mother moves away before the baby is born. Finally, the lawyer said it wouldn’t be fair for a mother to avoid Florida’s rules about relocating with a child by choosing to have the baby in another state. Dr. John’s lawyer told the court that Florida could make decisions about who gets custody of baby Emily, even though she was born in Texas. This is because Dr. John has a strong connection to Florida and there is evidence in Florida about how to take care of Emily. The lawyer argued that Dr. John’s upbringing, education, and family all show his connection to Florida, and that he and his family are ready to take care of Emily. Helen’s lawyer argued that Texas is baby Emily’s home state because she has lived there since birth, and therefore the court should not even consider the “significant connections test” in Florida. The lawyer also said that it would be impossible to satisfy the “significant connections test” in Florida because all the evidence about baby Emily is in Texas, where she has lived her whole life. There is still uncertainty about how the court will decide this case, as Florida’s appellate courts have not addressed whether a father can bring a paternity action or if the court has jurisdiction when a child is born in another state. Some other states have decided that the initial child custody determination should be made in the “birth state, while others have said it can be decided in the state where the lawsuit was filed. These decisions were made under a different law called the Uniform Child Custody Jurisdiction Act. In Florida, it can be tough for a lawyer to advise a client on paternity or custody issues. The law allows a pregnant mother to start a paternity case before the baby is born, but not the father. This means the father might have to go to another state to fight for custody, which can be expensive and difficult. Some people argue that this gives mothers too much power to choose where the custody case will be heard. It’s unfair for fathers who want to be involved in their child’s life. Pregnant women argue that the law should allow fathers to establish paternity before the child is born. They believe that by making some small changes to the law, it could prevent future legal disputes and confusion. They suggest clarifying when a father can start a paternity case and when a child is considered a “child” for custody purposes. They also want to specify the process for determining a child’s “home state” when the mother is served with a custody case while pregnant. Overall, they think these changes will benefit families, lawyers, and courts. Parents owe support for their children and the court can decide on a parenting plan and time-sharing schedule. A father can bring a paternity dispute to court. The constitution protects the rights and equality of individuals in these matters. Court orders about custody and visitation for children are considered child custody determinations. There are four different scenarios for these determinations. This passage discusses legal cases and statutes related to family law in Florida. It mentions the U.S. Supreme Court’s view on protecting unborn infants, rules for interpreting statutes, and factors determining jurisdiction for child custody cases. It also references specific Florida statutes related to child custody and wrongful death. The law doesn’t usually consider custody of a baby before it’s born. But in some cases, a state can decide custody before the baby is born, if the legal process started before the birth. There are tests to determine the father of the baby before it’s born, but they only work during certain weeks of pregnancy. Also, a court can choose not to make a custody decision if it decides it’s not the right place to do it. If someone has been acting unfairly, a court can decide not to make a decision about who gets custody of a child. This article was written by a lawyer and a law student who focus on family law. It was submitted by the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/chapter-742-and-the-uccjea-is-childbirth-an-unbridled-key-to-forum-shopping/