Legal Question in Family Law in Florida
moved
I left FL 1 month before having my son. I was no longer with his father (we were never married) nor was I being supported by his father. Five months after my son was born I received a summons from FL regarding custody. I am attemting to have the case dismissed in Florida and moved to the state we've been living in for 5 months.
What are the chances of having the case dismissed in FL? What do I need to prove to have it dismissed?
He cannot prove the baby was conceived in FL because we were traveling for 3 days during the time I most likely conceived (does that nix the long-arm statute?).
What if he is claiming I have been denying him visitation (I have not been)? Does that have any bearing on the case?
1 Answer from Attorneys
Re: moved
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It might. You should present your arguments to the court and the judge will have to make a determination. The court will also set a visitation schedule for the father.
Under Florida law, you are entitled to have a telephonic hearing so that you will not have to return to the State of Florida in order to appear at the hearing. Be sure to arrange that at least several days in advance of any hearing by calling the judge's chambers and speaking with the judicial assistant.
Scott R. Jay, Esq.