Legal Question in Family Law in Florida

Re: child custody

It is possible for him to bring a custody suit in AZ. However, you may have several options. You did not mention whether the child support was voluntary, court ordered, or at least court approved. If the support was court ordered then a review of the Order should be conducted to determine whether there are any provisions for custody disputes and what venue should be proper.

This is not a matter that you should take on by yourself and you should contact an attorney who specializes in custody issues. You did not provide a zip code so I can't recommend anyone to you, or let you know if I can assist you further.

If you would like to discuss your case further please let me know.

Re: child custody

Hello: I read your question and the one response. I agree with that and would add the following. If someone has filed a lawsuit and is getting a hearing before a judge, that party has to notify the other party and send copies of all papers filed. The only exception is if they are declaring there to be an emergency and the other side can get notice afterwards. If he has a lawsuit and has scheduled a hearing, and has not sent you copies and given you notice of the hearing, you can get the ruling set aside later. I doubt a judge would enter an Order without proof father has complied with those requirements.

Also, there is a set of laws on these issues called the UCCJA. You can google Florida Statutes and go to chapter 61 (family law) and read up on the UCCJA. One of the provisions, kind of complicated though, is the section on what state has jurisdiction for a custody case to be heard. Obviously, you want the case in the jurisdiction where you live. The last time I had a case dealing with this issue, the law stated the jurisdiction is the state where the child lived the last six months. A new client however was telling me she was told she can bring a suit for custody here since her child has been here 90 days. She said she was told this by an atty. in Ill. where there divorce was. I will be researching that. If there ever was a case here for you, you could argue jurisdiction should be here. If you do file a case where you live, the judge will NOT like the father's behavior in refusing to send the child back without first getting a legal court order (unless the father can show there was some kind of danger or neglect to the child here).

If my office can be of any assistance in North Fla., please give us a call. Good luck. Tom Rosenblum