Child custody cases in Florida cannot use foreign law

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A new measure was passed in Florida to make it so that foreign laws and all related articles are not going to be legally usable in court cases. Specifically, this change will have an impact on child custody cases, divorce cases or child support cases.

The proposal passed through the House, meaning that it has been sent on to the governor. It passed in the House by a vote of 78-40.

The only time that foreign law could come into play, under this new policy, would be if the law did not take away any of the rights that the parties on both sides have in the United States and under the laws in Florida. A judge would have to examine the case to make sure that those rights were not violated.

Those who opposed the bills said that it was not necessary to put it into law. They wanted the supporters to show when foreign laws had even been used, implying that it was something that did not happen often. Some opponents felt that the law was aimed at Muslims and that it was little more than an insult.

The bill will not be used in many cases, such as those involving businesses or those where state laws are overruled by federal laws.

If someone is involved in a custody dispute, this law could have a realistic impact going forward, so it is good to be aware of the changes to the law. As noted, it will not change many cases, but it is never wise to overlook anything that could come into play when fighting for custody rights and the best interests of a child.

Source: 610 KDAL, “Florida legislature forbids use of foreign law in state court” Bill Cotterell, Apr. 30, 2014

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