Legal Question in Family Law in Florida
How to get custody of my children
I have 3 children in California living right now with their father whom i am divorcing. He has been to jail twice for inflicting corporal injury on spouse (me) and I had to leave him so my children didn't have to see the violence, I was wondering how I go about fighting for custody of my children here in Florida without having to go to California? also I have been gone for about 4 months now trying to get my life in order, do I still have a good chance of getting my children?
2 Answers from Attorneys
Re: How to get custody of my children
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Frankly, you will have no chance here in Florida. You have not met the 6 month residency requirement in order to file a divorce here. More importantly, since the children live in California, any action involving the children will have to be filed there. You do not have the option of choosing the jurisdiction (location) of the court battle.
Scott R. Jay, Esq.
Re: How to get custody of my children
What age are the children? If they are still in Calif., you may have to do battle out there. If you have been in Fla for only 4 months you have not established residency. Custody is based on many factors, but it may depend on Calif law rather than Fla.
Go to an atty where you live in Fla., and once you give him the details, such as, the children's ages, he can advise. Right now you have as good a chance of getting custody as does your husband