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Kalusin v. Schwadron
Citations: 695 So. 2d 817; 1997 Fla. App. LEXIS 5863; 1997 WL 277370Docket: 95-2661
Court: District Court of Appeal of Florida; May 28, 1997; Florida; State Appellate Court
Eva Kalusin, the appellant, sought to modify a visitation order issued by a Circuit Court in Montgomery County, Maryland, regarding her minor child and Gil Schwadron, the appellee. The Dade County trial judge ruled that Florida courts lacked jurisdiction to modify the Maryland order, emphasizing that any modification must occur in Maryland. The court underscored that both Florida law and public policy favor parental authority in determining visitation, but recognized the constitutional obligation to respect the Maryland court's jurisdiction, which had been expressly reserved. The ruling noted that the Full Faith and Credit Clause of the U.S. Constitution and the Uniform Child Custody Jurisdiction Act restrict Florida courts from altering the Maryland order. The court affirmed the Dade County judge's decision, clarifying that while the appellant cannot modify the order in Florida, she retains the right to seek modification in Maryland.