Legal Question in Family Law in Florida
My husband is fighting his ex wife's parents for custody of his children who reside in Florida. His ex-wife passed away in May. The divorce took place in NY and recently a judge in NY gave him sole custody of his children. He filed for modification in June and the grandparents were aware of it immediately, yet they took no action to file a petition. Since then they have filed a petition against him in the state of Florida. Does he have a chance? Will it be expensive. We have already spent so much in NY but he really wants his children. He has always provided for them financially and visited them or tried to once or tried to once a year. His fiunding has been limited. He has called them and even chatted with his daughter on facebook. At one point his ex tried to get his support raised but the judge said, "No!" due to financial hardship and his limited abilities to see his children. He als paid medical expenses, even co-pays. They have spent the entire summer poisoning his children against him and his relationship with them has changed drastically. If he does not get his children he is afraid he will lose them forever. We are distraught emotionally and financially.
She would not allow them to come here
2 Answers from Attorneys
It seems to me that the problem the grandparents have is one of jurisdiction. NY seems to have it not Florida but. In order to probably answer this question I would need to review the case filings.
Best Wishes
He must retain counsel in Florida and oppose the court's jurisdiction. A parent has priority over a grandparent.