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Paternity Jurisdiction in the  Orlando, Florida Area 

Paternity jurisdiction is an important factor to consider when establishing time sharing/custody of a child. In order to file a paternity case and establish time sharing/custody you must file a UCCJEA. Here are a few questions you need to ask before filing: 

• Where is Paternity jurisdiction? 
• Where do you file a paternity case? 
• Where is the child currently residing? 
• Where has the child lived the past six months? 

In the UCCJEA, you must list where the child has lived the last six months. Florida Statute 61.503(7) defines a minor child’s home state as the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. Florida Statute 61.503(7) further states a “period of temporary absence” is included in the relevant six-month period, but a period of temporary absence is not defined. 

This leads to a series of other questions you need to ask, including the following:

• Has the child lived in Florida the last six months prior to filing the Petition for Paternity and Custody? 
• Has the mother and child lived in another state the last six months prior to filing the Petition for Paternity / Custody? 
• Where is the child’s home state? 
• Are the mother and child living in another state temporarily,  or are the mother and child in a state other than Florida with the intent to remain there indefinitely?
• Did the mother intend to permanently reside in the other state with the child?

You need to establish the child’s habitual residence. Florida Statute 61.514 is the exclusive jurisdictional basis for making a child custody determination action by a court in the State of Florida. Florida Statute 61.514(1)(a) provides Florida has jurisdiction over child custody action if Florida was the home state of the minor child on the date the petition was filed or was the home state of the minor child within six months before the petition was filed. 

Did the child reside in the State of Florida for six consecutive months prior to filing the petition? Where is the child’s home state? Did the child reside in Florida for any period during the 6 months prior to filing the petition? Did Florida qualify as the child’s home state? You need to answer all these questions before you file.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.