Legal Question in Family Law in Florida
In reference to notarized paperwork
I asked a previous question but perhaps I did not make myself clear. I signed divorce paperwork in FL to give wife full custody of kids. This paperwork was never notarized. I have physical custody of the children. She never filed paperwork that is not what I signed. I then retained counsel in GA (homestate of kids and me) to do divorce/child custody here. She then filed original paperwork. The judge is stating that I have given FL jurisdiction. Can I do anything? Again I CURRENTLY HAVE MY KIDS. I DO NOT WANT TO GIVE THEM TO HER. Can I do anything?
3 Answers from Attorneys
Re: In reference to notarized paperwork
There are defenses available if they apply concerning the original paperwork (although it may be too late to claim them now). Furthermore, you could just go through the Florida system and let go of the jurisdictional fight. Depending on the judge, you may not have to come down for every hearing (phone conference). This way, you would just have to worry about showing that you are the better parent for main custody. Having the kids now is a point in favor of keeping them (but certainly not the only factor).
Re: In reference to notarized paperwork
If you have a GA atty I am sure he knows the jurisdictional issues in GA, which would control. If she filed in FL and you never filed in GA, then that's different. Jurisdiction may well have attached in FL in that event. Ask your GA atty. he'll know.
Re: In reference to notarized paperwork
Since you have counsel, you should be asking your lawyer. Unlike us, he has read the paperwork and knows the background. No one here could possibly weigh the form and usability of paperwork he has not read.
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