Legal Question in Family Law in Florida

Enforcing Visitation modified by another state

Daughter (D) was born in Oregon in 02 where father filed for custody. Mom (CP) received sole physical/ legal custody, order stated that mom could request drug tests on dad (NCP) & if said test being positive all visitation take place where mom resides or further order of court. Mom & D allowed to move to Missouri in 03. NCP has not seen D since 03 & failed drug test in 03 & 05. Mom served NCP a motion to modify Feb 06--motion was tried in MO. court who granted modification due to testimony given, NCP didn't respond a pleading of any kind in 06 which issued the NCP supervised visitation in detailed parenting plan. CP & D moved to Florida Jan 07. Mom is worried b/c NCP atty requested certified copy of MO. order in 08. CP called OR court & was told OR still had ''jurisdiction'' even though we have not been to OR since moving in 03. Does OR have jurisdiction at this point? 2 Mo. attys say OR doesn't have jurisdiction & MO. did have right to modify per RSMo sect. 452.450 statute? is MO order valid?B/c I'm getting Conflicting info from OR & MO as to who had right to modify I am unsure if I should register the MO. order in FL to avoid continuing litigation and need to know if he has ANY legal reason to contest reg. of foreign order?


Asked on 8/21/08, 4:53 pm

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Enforcing Visitation modified by another state

It is possible, but complicated to transfer jurisdiction between states. You should speak to a Florida attorney about transferring the matter to Florida.

An informative pamphlet is available on line which might answer some of your questions:

http://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf

Read more
Answered on 8/26/08, 11:38 am


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