Legal Question in Family Law in Florida

It may depend on where the divorce and custody order is entered. If in Florida, the proceeding will almost always be sent back to Florida, especially if you and the child are here and if that has always been the case.

Almost all states are under a law called the UCCJEA (sometimes called the UCCJA, which is an older version, but pretty much the same thing). You can google it to learn more. I don't know if Ohio uses the UCCJEA, but I'd be surprised if they don't. Florida uses the UCCJEA. One major purpose of the UCCJEA law is to prevent parents from running to another state and trying to take kids away when they should be filing custody cases in the child's "home state." A child's "home state" is the state where the child has lived for the six months prior to the custody action being filed. I don't know Ohio law, so you should probably speak with an Ohio lawyer, but I seriously doubt a custody case regarding your child could legally occur outside Florida. If your husband files in Ohio, speak to a Florida lawyer and an Ohio lawyer immediately. To be safe, you may want to go ahead and file for divorce and/or custody (we call it "timeshare") now.