Orlando Domesticated Judgement Attorney
Helping Residents in Altamonte Springs & Surrounding Areas Domesticate Judgements
If you recently moved to Florida and have a divorce judgment from another state, it is in your best interest to register your out-of-state order in Florida. An important part of a divorce judgment is a child custody order, which cannot be enforced or modified unless the court order is domesticated.
While the Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA) recognizes a child custody order entered into by another state, you still need to have your out-of-state child custody order registered, domesticated, and enforced in the state of Florida. There are certain requirements that must be addressed before doing so. It is important to note that you will not have to relitigate any issues that were already resolved by a judge.
To transfer jurisdiction to Florida courts, you must show that at least one parent or guardian and your child now live in Florida, not your home state. To accomplish this you can also prove that your child resided in the state for at least 6 months before a child custody petition was filed or was born in Florida (if the child is less than 6 months old).
The Uniform Child Custody Jurisdiction & Enforcement Act
If a parent moves to Florida with their child, which state has jurisdiction over child custody matters Florida or the child’s home state? Florida anticipated these types of issues regarding child custody matters that involve multiple court jurisdictions and created the Uniform Child Custody Jurisdiction and Enforcement Act. This act seeks to reduce the likelihood of conflict between courts of different states on child custody issues.
Domesticating an Out-of-State Judgment Explained
If you were divorced in another state and then moved to Florida, you can petition the court to domesticate your divorce decree. Domesticating an out-of-state judgment gives Florida courts what is known by the law as full faith and credit under the U.S. Constitution. As such, after domesticating such a judgment, you can then seek enforcement and modifications to your original divorce decree.
Out-Of-State Custody Orders
Registering an out-of-state custody order in Florida will allow you to modify and/or enforce this order even if it was initially obtained from another state. While this process is straightforward and requires you to complete paperwork and provide a certified copy of your out-of-state court order, it is advisable to seek help from an experienced attorney beforehand.
Why Register an Out-Of-State Custody Order?
Under the U.S. Constitution, all states must adhere to the judicial proceedings of all other states. Therefore, if you have a child custody and visitation order in a state other than Florida, that state has jurisdiction over your agreement. Therefore, you cannot modify, enforce, and/or terminate your court order unless it is domesticated and registered in Florida. In the event you should need to enforce a child custody order to protect your child, you will be grateful you domesticated your child custody agreement.
How to Domesticate a Divorce Judgment
To accomplish this, you must first obtain a certified copy of your divorce final judgement from the state, prepare a notarized affidavit as well as a petition to domesticate and enforce the divorce judgement. Your attorney can help during this stage. After, you will complete and file all your documents with the appropriate county clerk.
Consult with Our Experienced Attorney About Your Out-of-State Judgement
As a single parent, moving to a new state is a big step to take. Sharing custody with an ex-spouse located in another state can lead to issues. Fortunately, an experienced lawyer can assist you with this transition. If you need help domesticating an out-of-state judgement, we have the knowledge and experience to ensure your court orders are enforceable in Florida.