Legal Question in Family Law in Florida

Paternity case venue
I am a father, never married to the mother living in Palm Beach County Florida. We never have had a custody order with the court, but have a DOR child support order for me to pay her issued in Broward County. Last January, she gave me the child and we signed custody papers between us (not filed in court) making me primary custodian. She lives in Broward County and is now wanting to get the child back. I filed a paternity action for custody in Palm Beach County and her attorney has filed a motion for change of venue to Broward. What I need to know is if my filing in Palm Beach County is proper since I live here (and always have) and now the child lives here with me. I have school records to prove his residency here. Also, I also filed a modification to the child support order in Broward County because it is the only way I can get DOR to suspend my payments to her, based on change of circumstances because the child lives with me. Could I have filed the modification in Palm Beach County since I live here now and if so, can I now ask for a change of venue to Palm Beach county?

Asked on 6/18/07, 4:04 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Paternity case venue

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Either county might be considered the proper venue. This might be the classic race to the courthouse to see who can get an order changing the venue. The earlier action was filed in Broward but according to your fact pattern you filed the paternity action in Palm Beach County which is where the child now lives.

I would strongly suggest that you retain counsel to argue your case and position if you have not already done so. This is not a matter for a lay person to handle on his own.

Scott R. Jay, Esq.

Answered on 6/18/07, 8:01 pm

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