Legal Question in Family Law in Florida
I live in Florida and my wife lives in NY. I just had her served with divorce and child custody papers. Our son lives with me in Florida. She is now trying to serve me with custody papers. Do I have to accept these papers?
3 Answers from Attorneys
no but the process server will eventually serve you. If the son lives with you in FL and has been for over 6 months then FL will take jurisdiction over the case.
It's foolish to avoid being served. Per the Uniform Child Custody Jurisdiction Enforcement Act, the Judges of both States need to promptly hold a tele-conference to decide which Court should assert jurisdiction. As far as they go, the facts as you presented favor you. Since you won't get a second bite at the apple, you should promptly retain counsel.
Yes. The courts will decide which court has jurisdiction. Since your son is with you and you started the case first, you have a good chance that Florida will decide.