JAMES B. HAZZARD, APPELLANT,
v.
TAMMY S. LADURINI, F/K/A TAMMY S. HAZZARD, APPELLEE
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Florida appellate court reversed a trial court's modification of child custody, holding that the trial court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA) because Idaho, which originally obtained jurisdiction in the 1986 divorce decree, retained continuing jurisdiction over the custody matter.
The trial court lacked subject matter jurisdiction to modify the custody decree because Idaho validly acquired jurisdiction in 1986 and retained continuing jurisdiction, as Idaho had not determined that continued jurisdiction was inappropriate, no Idaho statute terminated jurisdiction, jurisdiction was not terminated by the Parental Kidnapping Protection Act, and there was no showing that virtually all contacts with Idaho had ceased.
[1] A Florida court lacks subject matter jurisdiction to modify a child custody decree of another state if the other state has not lost or declined to exercise its jurisdicti…
[2] Under the Uniform Child Custody Jurisdiction Act, jurisdiction to make a child custody determination continues until the court expressly determines jurisdiction is no lon…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“jurisdiction must be presumed to continue once it is validly acquired under section 61.1308; and it continues up until the court acquiring jurisdiction expressly determines on some other basis that jurisdiction no longer is appropriate, until virtually all contacts with that state have ceased, until some other statute of that state terminates jurisdiction, or until jurisdiction is terminated by operation of the Parental Kidnapping Protection Act”
Establishes the continuing jurisdiction standard under the UCCJA that controls when a state may modify another state's custody decree
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Join FLexlaw to unlock all legal intelligenceThe parties were divorced in Idaho in 1986 while both served in the U.S. Air Force, with custody awarded to the father. The mother later moved to Flor…
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DANAHY, Acting Chief Judge.
We reverse a final judgment changing custody of a ten-year-old boy from his father to his mother, on the ground that the trial court lacked subject matter jurisdiction of the custody issue under the Uniform Child Custody Jurisdiction Act (UCCJA), sections 61.1302-61.1348, Florida Statutes (1993).
The parties were divorced in Idaho on December 19, 1986, at a time when both parties were serving in Idaho as members of the United States Air Force. The decree of divorce was later amended to award custody of their son to the father. The father continued his service in the United States Air Force, but the mother left that service and eventually came to reside in Florida. By agreement of the parents, their son visited his mother in Florida during the summer of 1992 and for the school year 1992-93. Thereafter, however, the son returned to Idaho and continued to live there with his father. Later, there was a period of time when the father was stationed in Okinawa. During this time, the son remained in Idaho.
On September 28, 1994, the mother filed her initial pleading seeking a change of custody of the child from the father to the mother. Her effort resulted in the final judgment reviewed on this appeal, entered on September 27, 1995, changing custody of the child from the father to the mother. The disposition of this case is controlled by the UCCJA1 In reaching our reversal we rely on the opinion of the Florida Supreme Court in Yurgel v. Yurgel, 572 So. 2d 1327 (Fla.1990). In Yurgel, the court construed the provisions of section 61.1308, Florida Statutes (1987),2 which outlines the conditions under which a court has subject matter jurisdiction to make a child custody determination by initial or modification decree. The court said that jurisdiction must be presumed to continue once it is validly acquired under section 61.1308; and it continues up until the court acquiring jurisdiction expressly determines on some other basis that jurisdiction no longer is appropriate, until virtually all contacts with that state have ceased, until some other statute of that state terminates jurisdiction, or until jurisdiction is terminated by operation of the Parental Kidnapping Protection Act (PKPA). See 28 U.S.C. § 1738A (1987). The court pointed out that the UCCJA forbids a state to modify the custody decrees of other states unless those other states no longer have, or have declined to exercise, jurisdiction. § 61.133, Fla. Stat. (1995).
In 1986 Idaho validly acquired jurisdiction to determine custody of the parties’ child. Idaho has not determined that its continued jurisdiction is no longer appropriate. No other Idaho statute has been cited to us which terminates jurisdiction, and we find no jurisdiction terminated by operation of the PKPA There has been no demonstration here that virtually all contacts with Idaho have ceased.
Accordingly, we conclude that the trial court did not have subject matter jurisdiction to determine custody of the parties’ son and reverse the final judgment purporting to change custody from the father to the mother. Reversed.
FULMER and WHATLEY, JJ., concur. . Idaho also has adopted the UCCJA. Idaho Code § 32-1101 to -1107 (1995).
. Since 1987 the provisions of this section have not changed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Johns v. Johns, 703 So. 2d 1243 (Fla. 5th DCA 1998)…he custody decree until both parents and child have left that state, or the state that initially rendered the decree declines jurisdiction to modify it. § 61.133(l)(a), Fla. Stat. See Yurgel v. Yurgel, 572 So. 2d 1327 (Fla.1990); Hazzard v. Ladurini 691 So. 2d 12 (Fla. 2d DCA 1997); Lamon v. Rewis, 592 So. 2d 1223 (Fla. 1st DCA 1992); Steward v. Steward, 588 So. 2d 692 (Fla. 5th DCA 1991); Hegler v. Hegler, 383 So. 2d 1134 (Fla. 5th DCA 1980). The Parental Kidnapping Prevention Act1 is consistent with this r…
Authorities Cited
- Rona E. Yurgel v. Yurgel, 572 So. 2d 1327 (Fla. 1990)