Florida UCCJEA Affidavit: Requirements & Free PDF Form

When you file a Florida family law case involving child custody, parental responsibility, or time-sharing, the Florida UCCJEA Affidavit is not optional paperwork. It is a mandatory jurisdictional filing that allows the court to determine whether it has legal authority to hear the case. Unlike documents that explain why one parent should receive custody, this affidavit answers a different question: Does Florida have the legal authority to decide the custody dispute at all?

Every party filing an initial petition or responding to one in a qualifying family law case must submit the affidavit under oath. Even if both parents fully agree on custody arrangements, the filing requirement still applies. The court relies on the information you provide—particularly the child’s five-year residence history and any existing custody proceedings—to determine whether Florida qualifies as the proper jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Florida UCCJEA Affidavit Form (Free PDF)

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Florida requires parties to use the Florida Supreme Court Approved Family Law Form 12.902(d) for the UCCJEA affidavit. Because this is an official court pleading, it is not a document that can be freely customized like a standard legal template.

Our prepared version is designed to help users:

• Complete the official form correctly
• Understand each required disclosure
• Avoid common filing mistakes
• Generate a clean, court-ready document before printing

You may:

• Complete a fillable PDF electronically
• Print and sign the completed form
• Sign before a Notary Public, Deputy Clerk, or use Florida’s permitted unsworn verification when applicable

This affidavit must accompany:

• Divorce cases involving minor children
• Paternity actions
• Parenting plan disputes
• Time-sharing modifications
• Any proceeding involving parental responsibility or child custody

Even agreed custody cases require the affidavit

One of the most common misconceptions is that parents with a fully agreed Parenting Plan can skip the UCCJEA affidavit.

They cannot.

Under Fla. Stat. § 61.522(1), each party must file the affidavit with their initial pleading, regardless of whether custody is contested.

When this form should not be used

Despite the similar terminology used in Florida family law, this affidavit does not apply to:

• Adult guardianship proceedings
• Property disputes
• Financial affidavits
• Child support disclosures unrelated to custody jurisdiction
• Other non-custody family law filings

Its sole purpose is establishing child custody jurisdiction.

What Is a UCCJEA Affidavit in Florida?

A Florida UCCJEA Affidavit is a jurisdictional pleading, not a factual statement arguing who should receive custody.

That distinction matters.

Many parents mistakenly believe the affidavit is where they explain why they are the better parent. It is not.

Instead, the affidavit gives the court enough information to determine:

• where the child has lived,
• who has cared for the child,
• whether another state already has jurisdiction,
• whether another custody case already exists,
• and whether Florida may legally issue or modify a custody order.

This requirement comes from Part II of Chapter 61, Florida Statutes, together with Florida Family Law Rule of Procedure 12.500, which requires use of the Supreme Court-approved family law forms.

The judge generally reviews the affidavit before reaching any substantive custody questions. If jurisdiction is lacking, the court may never reach the merits of the custody dispute regardless of how compelling either parent’s position may be.

Think of the affidavit as answering “Which court may decide?” rather than “Who should receive custody?”

That distinction prevents parents from filing custody cases in states that have little or no legal connection to the child.

Florida Laws Governing the UCCJEA Affidavit

Statutory Requirements at a Glance

Florida treats this affidavit as far more than administrative paperwork. Every disclosure helps the court determine whether another state already has jurisdiction or whether multiple courts could issue conflicting custody orders. That is why the affidavit must accompany the very first pleading rather than being submitted later in the case.

For the same reason, the obligation does not end once the affidavit is filed. If you later discover another custody proceeding, domestic violence case, dependency matter, or adoption action that could affect jurisdiction, Florida law imposes a continuing duty to inform the court in writing. Waiting until trial—or hoping the issue never surfaces—can create significant procedural problems.

How These Laws Shape the Document’s Content

The largest section of the affidavit concerns the child’s residence history.

Florida requires the affiant to disclose the child’s residences during the previous five consecutive years, including:

• dates of residence,
• physical addresses,
• names of caregivers,
• current addresses of those caregivers,
• and each person’s relationship to the child.

This information helps determine the child’s “home state” and discourages parents from relocating immediately before filing in hopes of obtaining a more favourable forum.

The affidavit must also disclose whether the party:

• has participated in any previous custody or visitation proceeding,
• knows about any pending custody litigation,
• knows of domestic violence proceedings,
• protective order cases,
• dependency proceedings,
• termination of parental rights actions,
• or adoption proceedings involving the child.

These disclosures prevent courts from unknowingly issuing orders that conflict with existing proceedings elsewhere.

Another frequently overlooked requirement concerns unsworn verification.

When a party signs without appearing before a notary under the authority provided by Fla. Stat. § 61.522, the affidavit must contain the following statutory language immediately above the signature:

“Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.”

Omitting or modifying this wording can result in a defective verification, forcing the party to correct the filing before the case proceeds.

Florida law also gives the court a practical enforcement tool. If the required UCCJEA disclosures are missing, the judge may stay the proceedings until a compliant affidavit is filed. Rather than allowing a potentially defective custody case to move forward, the court can halt the litigation until jurisdictional information is complete.

Who Must Be Listed on the Affidavit (and Who Gets Missed)

Completing the Florida UCCJEA Affidavit isn’t just about listing the child’s current address. The court expects a complete picture of everyone who has had a significant custodial role or who may have legal rights affecting the child. Omitting someone—even unintentionally—can delay the case or raise questions about whether the court has all the information necessary to determine jurisdiction.

At a minimum, the affidavit should accurately identify:

• Every residence where the child has lived during the previous five consecutive years.
• The dates the child lived at each location.
• The person or people the child lived with.
• Each caregiver’s current address, if known.
• The caregiver’s relationship to the child.

Don’t overlook non-parent caregivers

Parents often focus only on themselves, but Fla. Stat. § 61.522(1)(c) also requires disclosure of certain non-parties who currently have physical custody of the child or claim custody or visitation rights.

Examples include:

• Grandparents providing long-term care
• An aunt or uncle with physical custody
• Foster parents
• Court-appointed guardians
• Extended relatives caring for the child
• Anyone asserting legal custody or visitation rights

These individuals may not be parties to the lawsuit, yet they can still affect the court’s jurisdiction. Leaving them off the affidavit can prevent the court from identifying everyone whose rights may be affected by the proceedings.

Prior proceedings matter—even if they happened years ago

The affidavit also requires disclosure of whether you have participated in any proceeding concerning the child as:

• a party,
• a witness,
• or in another capacity.

This includes knowledge of proceedings involving:

• child custody,
• visitation,
• domestic violence,
• injunctions for protection,
• dependency,
• termination of parental rights,
• adoption,
• enforcement proceedings in another state.

Many parents assume a closed case “doesn’t count anymore.” That assumption can create serious jurisdictional issues. Even an older proceeding may explain why another state has continuing jurisdiction.

If Another State Already Has a Custody Case, Expect the Judges to Communicate

Many parents assume that discovering a custody case in another state automatically ends their Florida case. That is not how the UCCJEA usually works.

If the affidavit reveals that another state has already exercised jurisdiction, the Florida judge may be required to communicate directly with the judge handling the other case before deciding whether Florida can proceed. This is an official part of the UCCJEA process, not an informal phone call between courts. Except when discussing purely administrative scheduling matters, the parties must generally be given an opportunity to participate or present their positions, and a record of the communication should be made. See Fla. Stat. § 61.511.

In practice, this means your affidavit can trigger an interstate jurisdiction review before the court ever considers temporary time-sharing or parental responsibility. If you know another case exists, include the court name, case number (if known), filing date, and the current status instead of writing only that “a case was filed.” Those details allow the Florida court to identify the correct tribunal quickly and can prevent weeks of delay while clerks and judges determine which state has authority to proceed.

Special situation: Parent fleeing domestic violence

Florida recognises that disclosing a residential address can create safety risks, similar to residency affidavits.

If a parent has filed a Request for Confidential Filing of Address under Florida Family Law Rule 12.980(h) because of domestic violence concerns, the Clerk may accept the affidavit with the child’s physical address protected or redacted to avoid revealing the family’s safe location.

This exception protects safety while still allowing the court to receive the jurisdictional information necessary to decide the case.

When additional legal review is advisable

Some custody matters involve issues beyond a standard UCCJEA affidavit.

Examples include:

• international relocation,
• children who recently moved between several states,
• simultaneous custody cases in different jurisdictions,
• military families with frequent relocations,
• foreign custody orders.

Although the affidavit remains mandatory, these situations often require additional jurisdictional analysis because multiple courts—or even multiple countries—may potentially claim authority.

How to Complete and Sign the UCCJEA Affidavit

The affidavit is only effective if it is both complete and properly executed. Small procedural mistakes frequently result in rejected filings or court-ordered corrections, delaying custody decisions that families often need resolved quickly.

Step 1 – Gather the child’s five-year residential history

Before completing the form, collect:

• Every address where the child has lived during the previous five years.
• The exact dates at each residence.
• Names of everyone the child lived with.
• Their current addresses, if available.
• Their relationship to the child.

Parents frequently estimate dates from memory. If possible, verify them using school records, leases, medical records, or other reliable documents to minimise inconsistencies.

Step 2 – Identify every relevant proceeding

Next, determine whether you have participated in—or know about—any proceeding involving the child, including:

• custody litigation,
• visitation disputes,
• domestic violence injunctions,
• dependency proceedings,
• adoption matters,
• enforcement actions,
• termination of parental rights cases.

If another proceeding exists, disclose it rather than assuming the court will discover it independently.

Step 3 – Choose the correct verification method

Florida allows two primary methods of execution.

Option 1 – Sign before:

• a Notary Public; or
• a Deputy Clerk of Court.

Option 2 – Use an unsworn declaration permitted by Fla. Stat. § 92.525.

When using the second option, the affidavit must include the statutory declaration immediately above the signature:

“Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.”

Changing the wording or omitting the declaration may result in an invalid verification.

Step 4 – Sign only after reviewing every disclosure

Because the affidavit is made under oath or under penalty of perjury, review every answer carefully before signing.

Common errors include:

• forgetting temporary residences,
• listing incomplete dates,
• failing to disclose an older custody case,
• overlooking a caregiver who had physical custody,
• using outdated addresses.

Correcting these issues before filing is considerably easier than attempting to amend the affidavit after jurisdictional questions have already arisen.

Step 5 – File it with the initial pleading

The completed affidavit should be filed at the same time as:

• the initial petition; or
• the initial responsive pleading (Answer).

Electronic filing is generally completed through the Florida Courts E-Filing Portal and submitted to the Clerk of the Circuit Court handling the underlying family law case.

Practical tips that prevent common filing problems

If the child moved frequently

The official form may not provide enough space for every residence. Rather than abbreviating information, attach additional pages using the same table format so the residence history remains complete and chronological.

Keep dates consistent

The residence timeline should not contain unexplained gaps or overlapping periods unless there is a legitimate reason. Inconsistent timelines often prompt additional questions from the court.

Don’t wait to disclose new proceedings

If another custody or related proceeding begins after filing, Florida law imposes a continuing obligation to notify the court. Updating the court promptly reduces the risk of conflicting jurisdictional decisions.

Jurisdiction Limits and When the Affidavit Isn’t Enough

Completing the affidavit correctly does not automatically give a Florida court authority to decide custody.

The affidavit provides the information the judge needs to determine whether jurisdiction exists—it does not create jurisdiction by itself.

Florida’s six-month “home state” rule

In many cases, Florida can exercise initial child custody jurisdiction because it qualifies as the child’s “home state” under Fla. Stat. § 61.514(1)(a). The residence history contained in the affidavit allows the judge to evaluate whether the child has lived in Florida with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of the proceeding (or from birth for an infant under six months old).

The Temporary Absence and Interstate Retaliation Trap

A common misunderstanding among parents relocating to or from Florida involves temporary absences during the six-month qualification window. Under Fla. Stat. § 61.503(7), periods of temporary absence (such as summer vacations, temporary work assignments, or short visits to relatives) are legally counted as part of the six-month residency period in the originating state.

If a parent moves a child to Florida and immediately files a petition for time-sharing after only three months, the UCCJEA Affidavit will reveal on its face that Florida lacks “home state” jurisdiction. If the other parent files a competing custody action in the former state within six months of the move, the Florida judge must defer to the former state under Fla. Stat. § 61.519 and dismiss or stay the Florida action. Furthermore, under Fla. Stat. § 61.521, if the Florida court determines that a parent engaged in “unjustifiable conduct” (such as wrongfully removing or retaining the child in Florida to manufacture jurisdiction), the court is statutorily mandated to decline jurisdiction and may order the offending parent to pay the other party’s full legal expenses and travel costs.

Emergency situations are different

One significant exception involves emergency jurisdiction under Fla. Stat. § 61.517.

Emergency jurisdiction exists only under limited statutory circumstances. It is not created simply because a parent believes Florida would be a more convenient forum.

Parents cannot create jurisdiction by agreement

Another common misunderstanding is that parents may simply agree to have their custody dispute decided in Florida.

They cannot.

Even if both parents consent, private agreements cannot override the jurisdictional requirements established by the UCCJEA. If another state has continuing authority over the child, the Florida court must follow the governing jurisdictional rules rather than the parents’ preference.

This affidavit is not a Parenting Plan

Although both documents appear in custody cases, they serve completely different purposes.

Understanding that distinction helps avoid one of the most common filing mistakes—assuming a completed Parenting Plan satisfies the UCCJEA requirements. It does not. The court generally cannot consider custody terms until it first determines that it has the legal authority to hear the case.

Consequences of Errors, Omissions, or False Statements

Because the Florida UCCJEA Affidavit determines whether the court has jurisdiction, mistakes carry more weight than simple clerical errors. An incomplete or inaccurate affidavit can delay the case, require additional hearings, or even undermine custody orders entered by the court.

The most common problems arise from omitted disclosures, late filing, and improper verification. Many of these issues are preventable with careful preparation before the affidavit is signed.

Omitting a prior custody or domestic violence proceeding

One of the most serious mistakes is failing to disclose a previous or pending case involving the child.

For example, a parent may omit:

• an earlier custody case in another state,
• a domestic violence injunction,
• a dependency proceeding,
• an adoption matter,
• or a termination of parental rights case.

These proceedings directly affect the court’s jurisdictional analysis. If the omission is intentional or materially misleading, any temporary or final custody order entered under that false jurisdictional framework may later be challenged as void or vacated because the court lacked subject matter jurisdiction.

Even when the omission is accidental, correcting the issue after orders have been entered is significantly more expensive and time-consuming than making a complete disclosure at the outset.

Filing the affidavit after the petition or answer

Florida requires each party to file the UCCJEA Affidavit with their initial pleading. Waiting until weeks later—even if no hearing has occurred—creates unnecessary procedural issues.

Under Florida law, the court may stay the proceedings until the required affidavit is filed. That means matters such as temporary parenting schedules, time-sharing requests, or other custody-related decisions may be delayed while the filing deficiency is corrected.

For families seeking immediate court intervention, even a short delay can have practical consequences.

Using the wrong verification method

Another recurring problem involves execution of the affidavit.

If you sign before a Notary Public or Deputy Clerk, the notarisation must be properly completed.

If you instead rely on Florida’s permitted unsworn verification, the affidavit must include the exact statutory declaration immediately above your signature:

“Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.”

Changing the wording, paraphrasing it, or leaving it out altogether may result in an invalid verification that must be corrected before the case can move forward.

Financial and legal consequences

Errors on the affidavit often create costs beyond simply filing an amended document.

Potential consequences include:

• delayed custody or time-sharing decisions,
• additional attorney’s fees to correct jurisdictional issues,
• repeat court hearings,
• postponed mediation,
• appellate challenges,
• increased litigation costs,
• uncertainty regarding previously entered custody orders.

Because jurisdiction is fundamental to every custody case, courts treat these disclosures far more seriously than routine filing defects.

Frequently Asked Questions (FAQ)

Can a UCCJEA affidavit be amended after filing if a new custody case surfaces in another state?

Yes. Florida law imposes a continuing duty to disclose new proceedings that could affect jurisdiction. If you learn about another custody, dependency, domestic violence, or similar proceeding after filing your affidavit, you should promptly notify the court in writing rather than waiting until a hearing. Timely disclosure helps the court determine whether jurisdiction remains appropriate.

Does signing electronically without a notary hold up in Florida family court?

An electronic signature alone does not replace Florida’s execution requirements.

The affidavit must either:

• be signed before a Notary Public or Deputy Clerk, or
• contain the authorised unsworn declaration under Fla. Stat. § 92.525, including the exact statutory perjury language.

Using an electronic signature without satisfying one of these verification methods may result in a defective filing.

What happens if it’s later discovered that the affidavit omitted a prior custody case?

The consequences depend on the circumstances, but the omission can be significant. If a prior custody proceeding or other required disclosure was intentionally concealed and that information affected the court’s jurisdiction, a custody order entered in reliance on the incomplete affidavit may later be challenged or declared void because the court lacked proper subject matter jurisdiction.

Even an unintentional omission may require amended filings and additional court proceedings to resolve the jurisdictional issue.

If both parents agree on custody terms, is the UCCJEA affidavit still legally required?

Yes. The filing requirement does not depend on whether the parents disagree. Each party must submit the required affidavit with their initial pleading in qualifying Florida custody, parental responsibility, or time-sharing cases. A mutually agreed Parenting Plan cannot replace or waive the court’s obligation to determine jurisdiction before issuing custody orders.

Disclaimer: This article provides general educational information about the Florida UCCJEA Affidavit and Florida filing procedures. It is not legal advice and does not create an attorney-client relationship. If your case involves multiple states, international custody issues, emergency jurisdiction, or conflicting court orders, consider consulting a qualified Florida family law attorney before filing.