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Priority of Custody Between the Courts in Orlando, Florida Area

Did you know that dependency court takes precedence over other courts, such as domestic court and guardianship court? 

Florida Statute 39.013(4) provides: Orders entered pursuant to this chapter which affect the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for a minor child shall take precedence over other orders entered in civil actions or proceedings. However, if the court has terminated jurisdiction, the order may be subsequently modified by a court of competent jurisdiction in any other civil action or proceeding affecting placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same minor child. 

The Legislature has made clear in Section 39.013(4) that once a trial court has jurisdiction over a child under Chapter 39, the Chapter 39 resolution of custodial placement supersedes orders entered by other civil actions or proceedings. Thus, an order regarding child custody may not conflict with an order entered in a chapter 39 case unless that dependency court has terminated chapter 39 jurisdiction. 

Even when the dependency court continues its chapter 39 jurisdiction over a child, a separate trial court division is not deprived of subject matter jurisdiction to hear a petition concerning the child. There have been cases where a trial court erred in dismissing a chapter 63 petition for termination of parental rights for lack of jurisdiction based on the fact that chapter 39 proceedings concerning the same child were ongoing. Another court held that although a dependency court’s determinations were preeminent to another division’s orders regarding adoption, the adoption agency was not precluded from bringing an adoption and termination of parental rights petition at the same time in a different division. Another court clarified that subject matter jurisdiction was not absent in a chapter 63 case because all circuit court judges have jurisdiction to hear both types of termination of parental rights proceedings. 

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. You may also visit my website at: https://www.annmariegildenlaw.com 

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