Baker v. Tunney
201 So. 3d 1235
| Fla. Dist. Ct. App. | 2016Background
- Child born in Florida; lived in Florida with Mother and Father for about 11 days before Mother relocated with the child to New York.
- Father (James Baker) is the biological father, listed on the birth certificate, cohabited with Mother during pregnancy, signed lease with her, and filed with Florida’s putative father registry.
- Both parents filed competing custody petitions the same day: Father in Florida; Mother in New York. Mother obtained a New York temporary placement order and an order prohibiting removal from New York based on alleged domestic violence.
- Florida court held telephonic jurisdictional hearings (including the New York court); no testimonial evidence was presented. Florida court concluded New York had proper jurisdiction and dismissed Father’s Florida petition, finding Florida never had been the child’s home state because paternity was not adjudicated.
- Father appealed; the Fifth District reversed, holding Florida was the child’s home state under the UCCJEA and that dismissal was error; New York may have validly exercised temporary emergency jurisdiction but could not supplant Florida’s home state jurisdiction absent Florida’s voluntary relinquishment.
Issues
| Issue | Plaintiff's Argument (Baker) | Defendant's Argument (Tunney) | Held |
|---|---|---|---|
| Whether Florida was the child’s "home state" under the UCCJEA | Child born and lived in Florida with parent(s); child <6 months so birth state is home state | Paternity not adjudicated; Father not a "parent" under UCCJEA or Florida guardianship statutes, so Florida lacked home-state jurisdiction | Florida was the child’s home state; Father qualifies as parent/person acting as a parent and dismissal was error |
| Effect of Mother obtaining New York emergency order on Florida’s jurisdiction | Florida filed first; home-state filing precludes New York from exercising permanent jurisdiction absent Florida relinquishment | New York properly exercised emergency jurisdiction based on alleged domestic violence and child’s presence in NY | New York could exercise temporary emergency jurisdiction, but that did not convert NY into the child’s home state or divest Florida of exclusive authority to enter permanent custody without Florida’s consent |
| Whether putative father rights are sufficient for UCCJEA purposes | Putative father status, birth-certificate listing, cohabitation, and registry filing show person acting as a parent | Mother argues statutes require paternity adjudication or Acknowledgement to be a parent | Court held putative father may qualify as parent/person acting as a parent under UCCJEA given the circumstances |
| Remedy / next step | Remand to consider custody merits in Florida; coordinate with NY regarding emergency protections | N/A (Mother had urged dismissal) | Reversed dismissal; remanded for Florida court to hear merits and, if exercising home-state jurisdiction, to coordinate with NY regarding temporary emergency orders and safety measures |
Key Cases Cited
- Hindle v. Fuith, 33 So. 3d 782 (Fla. 5th DCA 2010) (discussing UCCJEA jurisdictional framework)
- Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006) (home-state priority under UCCJEA)
- Fleckles v. Diamond, 35 N.E.3d 176 (Ill. App. Ct.) (UCCJEA definition of home state for infants under six months)
- Slay v. Calhoun, 772 S.E.2d 425 (Ga. Ct. App.) (recognizing putative father as person acting as parent for jurisdictional purposes)
- Matter of Paternity of R.L.W., 643 N.E.2d 367 (Ind. Ct. App.) (rejecting exclusion of putative fathers under UCCJEA)
- In re Estate of Patterson, 652 S.W.2d 252 (Mo. Ct. App.) (unwed father’s UCCJA rights should not be foreclosed solely due to nonmarriage)
- Steckler v. Steckler, 921 So. 2d 740 (Fla. 5th DCA 2006) (Florida retains exclusive authority to enter permanent custody when it is the home state)
- Yurgel v. Yurgel, 572 So. 2d 1327 (Fla. 1990) (principles on jurisdictional authority and deference among states)