Legal Question in Family Law in Florida

Re: jurisdiction

There is an argument to be made for transferring jurisdiction to Kentucky, but you will not find a definite answer because one does not exist. One argument for you to make is called forum non-conveniens which is basically saying, "Judge, this just ain't working out." If you want to pursue a change in jurisdiction, just be aware that you have no better than a 50/50 shot. That may be good enough for you or you may not want to take the risk in expending the money to take it on.

Re: jurisdiction

Both Kentucky and Florida have adopted the new (1997)Uniform Child Custody Jurisdiction and Enforcement Act. In Florida, it is Statute No. 61.520.

Previously, mere presence of a child in Kentucky for 6 months gave the courts jurisdiction to modify orders from another state. It is now a good deal more complicated.

From your brief description of the facts of your case, I believe you could make a good argument in Kentucky that Florida is an "inconvenient forum."

The following Kentucky (Fla. has an identical statute)law would likely apply to your situation:

403.834 Inconvenient forum.

...Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (b) The length of time the child has resided outside this state; (c) The distance between the court in this state and the court in the state that would assume jurisdiction; (d) The relative financial circumstances of the parties; (e) Any agreement of the parties as to which state should assume jurisdiction; (f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (h) The familiarity of the court of each state with the facts and issues in the pending litigation. (3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (4) A court of this state may decline to exercise its jurisdiction under KRS 403.800 to 403.880 if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

It is possible to change jurisdiction over your case from Florida to Kentucky. This would be complicated, and would require communications between the Kentucky and Florida judges.

An informative pamphlet is available on line which might answer some of your questions:

http://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf

If you have any further questions in this regard, you can e-mail me at:

[email protected]

Good luck!