The Wife appealed from a portion of
the trial court's final judgment of dissolution. It is undisputed that the
child lived with her parents in North Carolina and then, after their
separation, with her mother in Wisconsin, during the six months before the
former husband commenced the dissolution proceedings in Duval County, where he
was a legal resident. The District Court held: "[U]under section 61.514,
Florida Statutes (2008), of the Uniform Child Custody Jurisdiction and
Enforcement Act, Florida was not the child's home state and the circuit court
did not have jurisdiction to make an initial child custody determination."
Collier v. Collier,
29 So.3d 437 (Fla. 1st DCA 2010).
A judge could hold a person in contempt of court for
lying on the affidavit.
ERROR TO MAKE AN INITIAL CHILD
CUSTODY DETERMINATION WHEN FLORIDA WAS NOT THE CHILD'S HOME STATE.
The Wife appealed from a portion of
the trial court's final judgment of dissolution. It is undisputed that the
child lived with her parents in North Carolina and then, after their
separation, with her mother in Wisconsin, during the six months before the
former husband commenced the dissolution proceedings in Duval County, where he
was a legal resident. The District Court held: "[U]under section 61.514,
Florida Statutes (2008), of the Uniform Child Custody Jurisdiction and
Enforcement Act, Florida was not the child's home state and the circuit court
did not have jurisdiction to make an initial child custody determination."
Collier v. Collier,
29 So.3d 437 (Fla. 1st DCA 2010)
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