Legal Question in Family Law in California

Child Custody

My wife is currently in a custody battle with her ex-in laws. They are filing for temp. custody of her two daughters, saying that she (my wife) is an unfit mother. The case is in Florida, however, we live in California. We do not have the funds nor the means to be there in person, what can we do?


Asked on 8/15/07, 2:26 pm

3 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: Child Custody

First, where do the children live? If they live with you in CA, you need to hire an attorney in Florida to file a motion for change of venue.

If the children live in Florida, you need to retain an attorney in Florida and request that you be given permission to appear by phone.

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Answered on 8/15/07, 2:45 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Child Custody

If the children are in California and have been for the last 6 months, then Florida lacks jurisdiction. Contact me directly to stop this.

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Answered on 8/15/07, 3:41 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Child Custody

I assume that there is already a custody order from the State of Florida. If that is the case, Florida retains jurisdiction until it relinquishes jurisdiction. You need advice from a Florida attorney. Resubmit your question to ask about Florida law, otherwise get a telephone consultation with a Florida attorney. That attorney can advise you whether Florida has jurisdiction. Include in your information, where the children live, and the county of the court that has issued any current custody orders. Good Luck, Pat McCrary

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Answered on 8/15/07, 6:02 pm


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