Legal Question in Family Law in Florida

Jurisdiction for child custody

I have a court ordered paternity settlement from 1995 in Dade county Fl. In March 1997, I moved to another state per agreed order. In Sept 1997, there was a modification of visitation order also in Dade County. my last contact with the NCP was in february 1998, when he disappeared until just recently, when my current home state charged him with felony non support and started wage withholding.

Now, I have just been served with petition for modification of visitation filed in Dade County. The NCP has lived in PB county since 1996. Fl statute 61.1308 states it has jurisdiction if this is the home state at the time of commencement of the proceeding. Does that refer to this proceeding or the original proceeding in 1995, or the 1997 modification. The CP and the child have no ties to FL, the child has a very full and active school and extracurricular life here and the NCP is a stranger to him as he has not seen him since he was 2 years old. Also I cannot afford to travel to FL, lose work time and leave my child to attend trials in FL. Thank you.


Asked on 7/28/02, 12:23 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Jurisdiction for child custody

Since you are dealing with a Florida order, Florida would have initial jurisdiction. You should have an attorney appear to protect your interests. You may call me for further information at 561 998 9401 after 8/6. Goodluck.

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Answered on 7/28/02, 5:28 pm
Bryan Gowin Bryan Gowin Attorney at Law

Re: Jurisdiction for child custody

Technically, jurisdiction remains with the original state, ie, florida, until such time as it "gives it up." due to the fact that the child has resided in kentucky for more than 6 months, you need to hire an attorney in florida to try and get the case transfered to kentucky, the current residence of the child i assume. you should also hire an attorney in kentucky to register the court order from the paternity action here in kentucky ass oon as possible. please feel free to call my office to discuss this matter further if you desire.

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Answered on 7/28/02, 7:05 pm


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