Legal Question in Family Law in Florida
Child Jurisdiction
I have lived in Mass. since 2005 with my 16 and 13 year old children with court permission. I have had a restraining order against my ex in Florida and now here. The state of florida also had a stalking case against him in 2003.He manipulates the visitation schedule frequently and then says I don't send the children. The children have never had a good relationship with him and now refuse to go when he buys plane tickets for entire school vacations. He is only entitled to long weekends not entire vacations. He now has filed contempt against me in florida. My question is can jurisdiction be in Mass? I would like to modify the oredr and my childrens ties are in that state now. please advise.
4 Answers from Attorneys
Re: Child Jurisdiction
You can and should seek a Massachusetts modification of the order. It requires a few extra pieces of paper, but is not too difficult. I handle two or three of these a year.
This will not make the Florida contempt action disappear. You need to deal with that using a Florida attorney, or by appearing yourself pro se. If at all ppossible, you should have your modification action filed here ASAP.
Please feel free to contact me for a further consultation.
Re: Child Jurisdiction
I just read the other answer, which is also correct -- if the Florida Court has expressly retained jurisdiction over modification of child-related orders, you will have to modify the order in Florida. My answer assumed that there was no such retention.
The judgment has to be read to determine this.
I wrote under the assumption that if the Florida courts knew you were coming here, they did not retain jurisdiction.
Again, please feel free to contact me for a consultation. Mr. Murray is also a good lawyer; feel free to consult with him as well.
Re: Child Jurisdiction
You need to oppose the contempt proceeding in Florida and ask the court to give up jurisdiction of the matter.
Re: Child Jurisdiction
If the Divorce Judgment/Order is from the Florida Court and that Court has retained jurisdiction, it must be modified in the Florida Court that issued it.