Marital & Family Law Section Hosts Technology CLE Luncheon
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Marital & Family law Section
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court or the foreign court determines that the child, the child’ s parents, and any person acting as a parent do not presently reside in the other state. 5
Thus, the children’ s mere residency in Florida does not confer subject matter jurisdiction on the Florida court to modify a foreign custody Order. Meaning, a party cannot automatically use their unilateral move with the children to Florida from a foreign jurisdiction to make Florida the appropriate forum to decide a custody modification. This is true even though personal jurisdiction is not required over a respondent when the sole issue is child custody. 6
Furthermore, the issuing court is required to be involved in the custody litigation because it must consider whether it has exclusive continuing jurisdiction or whether Florida would be a more convenient forum.
A parent that only files in Florida to modify a foreign custody Order is subject to a motion to dismiss, unless neither parent nor the children reside in the issuing state( then the child’ s home state location becomes relevant). n
1
§ 61.506, Fla. Stat.
2
See § 61.514-517, Fla. Stat.
3
See § 61.514( 1)( a) or( b), Fla. Stat.
4
§ 61.520, Fla. Stat.
5
§ 61.516, Fla. Stat.
6
See Cleveland v. Cleveland, 692 So. 2d 304, 305( Fla. 4th DCA 1997).
Authors: Mark A. Sessums, B. C. S. & Brittany M. Pokriefke, B. C. S. – Sessums Law Group, P. A.
Marital & Family Law Section Hosts Technology CLE Luncheon
the Marital & family Law section presented a two-hour technology CLe luncheon on January 22 at the Chester h. ferguson Law Center. speaker John d. sawicki, president of forensic data Corporation, discussed the growing role of electronic evidence in family court, including forensic computer and mobile device analysis, social media investigations, and e-discovery. the program was moderated by Cory brandfon of harris, hunt & derr, p. a. the section thanks its speaker and moderator for their participation and extends its appreciation to sponsor Lisa kirkpatrick, Cdre, Century 21 List with beggins.
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