Legal Question in Family Law in Florida

Re: Florida resident in military out of state filing for custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your daughter's case illustrates the need to have competent legal representation in a matter as serious as a divorce with a minor child. One simple error can haunt her for a long time.

If she and the child are both legal residents of the State of Florida she can file for a modification of the Final Judgment in Florida. The child's birthplace is immaterial. If the child's legal residence is in Arizona, then she must file there.

There is no such thing as a "re-file" to do it correctly. Once the original order was signed, it was final if there was not a request for a new hearing or the order was appealed.

I strongly suggest that your daughter retain competent representation to work with her on this matter. She will have to be present at the hearing unless the Court waives her attendance. I have been successful in having a court schedule a hearing during a time period when a litigant who is in the service is on leave.

Scott R. Jay, Esq., 305-249-8000