Legal Question in Family Law in Florida

If I need to change venue from Mississippi to Florida, do I need to file a "Petition" or a "Motion" for change of venue? Or does it matter? (all parties have lived in FL over four years) Dad works; mom is on welfare and sells dope. FL DCF, so far, has been ineffective.

Because my grandson's mother and father have joint custody but are both unfit as primary custodians, my wife and I need to get custody. Mom is a violent drug addict and Dad is a registered sex offender. Alternately, child's FL uncle is fit & would gladly accept custody.


Asked on 10/26/09, 9:40 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

If the cas is currently in Mississippi, you'd have to ask a Mississippi lawyer that question. You should repost your question in the Mississippi forum. Generally, jurisdiction for custody cases is the state where the children have lived for the past six months. Jurisdiction for child abuse cases is the state where the child abuse occurred or the state where the children are currently located. But jurisdiction is a complicated ara of the law, so you should probably consult a local lawyer.

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Answered on 10/31/09, 9:51 am
Lucreita Becude Lucreita D. Becude, P.A.

As grandparents you have little rights to do anything. If they want to domesticate their orders (transferring to FLorida) that would be something they would have to do. You say that DCF has been of little help, you need to continue with that venue. You must file a formal complaint which means giving your name. You might forward them a copy of the father's conviction. Can you prove the wife is selling drugs? Without proof you could be considered "interferring grandparents". I realize this is frustrating when you know in your heart this is not a good situation for your grandson. Perhaps you could get them to agree to let you have guardianship of him without them having to give up parental rights. Speak with an attorney. Good luck and God Bless.

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Answered on 11/01/09, 9:04 am


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