Legal Question in Family Law in Florida

Child custody Jurisdiction Florida/Colorado

My husband has been living with our

daughter in Florida since late Sep 08

due to me having to be away due to

work. I am in the military. I came

home mid December to Colorado and

he stated he would not be returning

from Florida with my daughter and

he wanted a divorce. I have filed for a

petition in Florida for my child to be

returned to me in Colorado. I am

hoping she will be able to return

home to me in Colorado and I will be

the primary parent responsible for

her care since Florida is a shared

parental responsibility state. If this

happens, I want to still get a divorce.

Should I file for divorce in Colorado or

in Florida? I want to ensure that

where my daughter lives and child

support is included in the divorce. I

am confused on where I should file.

Regardless, I can not file in either

state for a couple months. Any advice

would be helpful.


Asked on 1/01/09, 1:17 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Child custody Jurisdiction Florida/Colorado

First, if you are active duty military, you should be able to file in the state where you are officially stationed or the state where your home of record is. Most states have exceptions to the residency rules with regard to military personnel.

You should check with an attorney who has experience with military divorces (many attorneys in military towns have familiarity with this)

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Answered on 1/01/09, 2:43 pm


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