Florida UCCJEA Affidavit: Interstate Custody Jurisdiction for Relatives

What the UCCJEA Affidavit Is

Each petitioner in a Chapter 751 or other child-custody proceeding covered by the UCCJEA must submit a sworn UCCJEA Affidavit (Form 12.902(d)) with the petition. UCCJEA stands for Uniform Child Custody Jurisdiction and Enforcement Act, codified in Florida Statutes §§ 61.501 through 61.542.

The affidavit is a sworn statement that tells the court:

• Every address where the child has lived for the past five years
• The name and current address of every person the child has lived with during that period
• Whether any other custody proceeding involving the child is pending in any court, anywhere
• Whether you know of any other person who claims custody or visitation rights to the child

The affidavit is mandatory. If required information is missing, the court may stay the proceeding until it is provided.

The Home State Rule

Florida courts cannot exercise custody jurisdiction just because the child is physically present in the state. Under the UCCJEA's home state rule (§ 61.511), Florida has home-state jurisdiction if:

• Florida is the child's home state on the date you file — meaning the child has lived in Florida with a parent or person acting as a parent for at least six consecutive months immediately before filing
• For infants under six months old, the child has lived in Florida since birth
• Florida was the home state within six months before filing and the child is absent but a parent or person acting as a parent still lives here

If the child recently moved to Florida from another state, that other state may retain jurisdiction. A child who arrived in Florida three months ago after living in Georgia for two years has a Georgia home state, and a Florida court may decline to hear the case.

Temporary Emergency Jurisdiction

An additional path is temporary emergency jurisdiction. Under § 61.517, a Florida court can exercise it if:

• The child is present in Florida and has been abandoned, or
• The child, a sibling, or a parent is subjected to or threatened with mistreatment or abuse and emergency protection is necessary

An emergency order is usually temporary. Under § 61.517, if there is no prior custody order or proceeding in a state with jurisdiction and Florida becomes the child's home state, the order may become final. If another state already has a custody order or proceeding, Florida must set a period for seeking an order from that state and communicate with its court.

When Another State Already Has a Custody Order

Under § 61.516, a Florida court may modify an out-of-state custody determination only if Florida has jurisdiction to make an initial determination and either the issuing court determines it no longer has exclusive, continuing jurisdiction or Florida is a more convenient forum, or a court determines that the child, the child's parents, and any person acting as a parent no longer reside in the issuing state. Registration of an order in Florida is a separate process for enforcement and does not by itself give Florida authority to modify it. Ask an attorney or the court which procedure applies to your case.

Filling Out Form 12.902(d)

The form is straightforward but must be thorough:

• List every address where the child has lived in the past five years, with approximate dates. Do not leave gaps — explain any period of instability honestly.
• Name every person the child lived with at each address. Include parents, relatives, foster parents, and anyone who acted as a primary caregiver.
• Disclose related proceedings. Report any known custody or visitation case, proceeding that could affect the case, and any nonparty who has physical custody or claims custody or visitation rights.
• Sign before a notary under penalty of perjury.

Our Florida Guardianship and Custody Guide walks through the UCCJEA affidavit alongside the main petition, so you assemble a complete filing packet with nothing missing.

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