Florida Declines Jurisdiction Over Every Baby Conceived on Vacation There

Judge Martha Warner - Florida 4th District Court of Appeals
It is completely contrary to the legislative goals of the UCCJEA for Florida to assert jurisdiction to superintend the custody, shared parental responsibility, and visitation where the child is not and has never been a resident of this state. The mere fact of conception in this state is not such a tie to permit the courts of this state to exercise control in the face of express statutory authority precluding Florida from asserting jurisdiction.

Schaffer v. Ling, — So.3d —-, 2011 WL 4467341, (Fla. 4th DCA 2011).

If this has gone the other way, Florida would have become the judicial nanny for all 50 states, the territories, South America and most of Western Europe.

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