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Modification (part 6) - Moving the judgment to a different state

© Annelies Mouring

This will be a discussion of a special consideration of a modification, modifying a judgment of a different state. Refer to other articles in this series for other matters of a modification. Although it is my intention is to make it general but will be focused on FL law, when necessary, since that is where my expertise lies. Remember that this is not to substitute as legal advice but should only be a guide to the legal process. Should you have specific questions or want to know what applies to you, contact a legal professional in your area that is familiar with your jurisdiction.

Modification is a court action where you want to change an existing family court order due to some change since the court originally entered the custody order, divorce decree or final judgment in your divorce or custody. Most states require that in order to modify the original final judgment that there be a "significant" change since the entry of the final judgment.

With the transient nature of the people of the U.S.. many families no longer live in the states in which they were divorces. However, this does not impede a modification. In order to modify a final judgment of divorce from one state to another, a few more steps are required when modifying.

A law that has adopted by most states, the Uniform Child Custody Jurisdiction Act (UCCJA), makes the transition of a final judgment from state to state. The UCCJA and the US Constitution allows for a court of another state to accept a decree of another without determining the issues again. It also gives the court authority, or jurisdiction, over the person and the subject of the modification. Both personal and subject matter jurisdiction are required before a court can hear the case. The UCCJA also makes it easier for an out-of -state parent to be heard on the issues.

In order to modify, the UCCJA requires that the state you are seeking to modify in be the "home" state of the children and requires that the children have resided there for a period of time ie. Six months. The time period is determined by the state. .

The UCCJA also requires that the action must be completed. For example, you can't attempt to modify a decree from Minnesota when there is a proceeding in Florida.

Therefore, if you have moved from another state and want to modify you must get the court to accept the judgment of the other court before proceeding. Again consult an attorney of legal representative in your area to give you specifics as to your state. For more information also check Internet web sites such as www.flabar.org, www.lawguru.com, www.abanet.org and www.divorcenet.com.