Interstate Child Support & Visitation
by Glen from Bay County, Florida
I am the father of twins that now reside in South Carolina. My residence is Bay County, Florida, the mothers residence during time of conception was Bay County, Florida.
We have already together conducted an official DNA test of both children and myself to confirm I am the biological father.
I have asked to see my children and the mother has denied me that right.
I have asked to take this to a court and the mother will not do that due to expenses.
I have went to the Bay County Juvenile Court House, Family and Child custody Dept, I have the paid for the appropriate documents, now I need to know if this case can be settled in the State of Florida if no other State has accepted jurisdiction?
Answer to Florida Child Visitation Question
You may well have to point this out and explain it to the court, but if the original court order for child support is Florida -- then Florida retains jurisdiction for modification and enforcement unless and until that order is transferred to another state's jurisdiction.
Interstate child support enforcement falls under the long arm statute known as Uniform Interstate Family Support Act (UIFSA).
Florida retains continuing exclusive jurisdiction (CEJ) because you continue to live in Florida.
If you moved to a different state and no parties lived in Florida any longer, then the state that would have to accept jurisdiction is the state where the child resides -- in your situation, South Carolina.
Regarding child visitation across state lines, the governing law is Uniform Child Custody and Jurisdiction Act (UCCJEA). Florida addresses enforcement of child custody orders from states in Florida Statutes Chapter 61 as follows:
61.526 Duty to enforce.--
(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this part or the determination was made under factual circumstances meeting the jurisdictional standards of this part and the determination has not been modified in accordance with this part.
(2) A court of this state may use any remedy available under other laws of this state to enforce a child custody determination made by a court of another state.
The remedies provided by ss. 61.524-61.540 are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
South Carolina has similar state laws that were enacted to enforce child custody and visitation orders which originated in a different state.Notice:
We provide these answers
to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.
If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.Free Family Lawyer Referral
You Are Here → Home › Visitation FAQs › Interstate Child Support & Visitation