Legal Question in Family Law in Florida
court juristiction
my wife and i have lived in florida for three years yet new york state is still claiming juristiction over an old custody case.who has juristiction?florida or new york
2 Answers from Attorneys
Re: court juristiction
It's tough to say. The general rule is that jurisdiction is wherever the kids have lived for the last six months. But there are lots and lots of exceptions to that rule.
What usually happens in situations where two states may have jurisdiction is that the judges in both states will get on the phone (sometimes informally just between one another and sometimes formally where teleconference hearings are held simultaneously in both states) and decide amongst themselves which state will keep the cse.
So unfortunately, the answer to your question is: whatever the judges decide.
If you want to learn more, search the web for these two laws: UCCJEA and PKPA.
Re: court juristiction
Ask the NY judge to refer the matter to Florida