Legal Question in Family Law in Florida

I need help and fast please....my 16 year old daughter has resided with me here in FL for the past 6 months. Her father had full custody in Texas and passed away this past June. I let her go to Texas to see her aunt and cousins after Christmas and she was due to fly home last night. She called yesterday and said her aunt cancelled her flight and she was staying in Texas. Today I got served with papers, certified mail, that her aunt is seeking temporary custody of her and I am due in court in Texas on Wednesday. I filed a police report last night stating she is a runaway. The police officer took the report, called Texas law enforcement who went by the aunts house. They were shown the court papers that her aunt had a copy of and the police left, saying it is now a civil matter and she is not a runaway. I need to know if this case can be held in Texas or Florida. She has been a resident of FL and is enrolled in HS here.... please someone help. I have spent thousands and thousand of dollars since she was 3 trying to get custody and visitation of her. The district judge in this county has been horrible to me and my rights as a mother and now it is going before him again.....How can he still have jurisdiction over my daughter if she has been living in Fl with me? I have never had anything filed against me as a unfit parent or anything. And this is all because of an 18 year old boy in Texas......Thanks Kelly

Asked on 1/02/10, 10:12 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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There is a complicated process that deals with these issues and a statute that the states have adopted. Generally, the court that had the original order of custody is the one with the primary power to decide the matter. It is complicated, though, when the child is elsewhere. You will almost certainly need a lawyer to navigate this.

Answered on 1/08/10, 6:47 am

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