Legal Question in Family Law in Florida
can you file a custody case in another state once one is already filed in one state
Asked on 3/13/12, 8:53 am
2 Answers from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
yes, you just have to reference the case on your pleadings.
Answered on 3/13/12, 9:07 am
Brent Rose
The Orsini & Rose Law Firm
Yes. In fact, it's common. The two state courts usually get together via a telephonic hearing with the judges on speakerphone (and sometimes the lawyers) and decide which state will keep the case. This is called a "UCCJEA" hearing. The "winner" is usually the state where the children have lived for the last continuous six-month period.
Answered on 3/14/12, 2:15 pm