Legal Question in Family Law in Florida
The "home state" is the jurisdiction in which the child has lived with his or her legal custodian for at least six months or a state which was the "home state" within six months of filing. (For example, if a family lives in state A for one year, state A is the home state. If the same family lived in state A for one year and then one parent moved to state B with the children and filed in state B after living in state B for only four months, state A is still the home state).
I am trying to figure out if the above applies to me. Me, my childern and ex moved to FL from Indiana in Feb. In April my ex left and moved to Maryland. In May he filed for custody of our childern one in which was born in Fl in May this yr. I want to know if the jurisdiction law applies and if so which state has it?
1 Answer from Attorneys
Jurisdiction lies in the state where the children have lived for the past six months. From the above fact pattern you and kids are currently residents of Florida and have been here for seven months. So any action that your ex would file would have to be in Florida. Maryland does not have jurisdiction of your case.
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