QUESTION
Where do I need legal representation from one state or the other state?
Asked on Oct 24th, 2014 on Divorce - Florida
More details to this question:
My wife and I separated while we both lived in Georgia. I moved into my parents and she stayed in the house we rented with our 5 year old son. Since then, in August of this year she moved to Winter Park Florida. She is demanding I move to Florida in order to see my son. I can’t just move there because of my job with the railroad. We obviously live several hours apart now. My question is I guess two parts. Do I obtain representation from a lawyer in Florida or Georgia? I know that we both have parental rights since nothing has been filed. Yet, I am just unable to simply move and meet her demands. She is saying I do what she says or she will move again and not give location.
6 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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I would check to see which state has the more favorable laws to assist with determining where to file. Right now, you would have to file in Georgia; however, once she and the child have been in Florida for 6 months, then you would file here. In Florida, once you file and have her served, she cannot relocate without either your written consent or prior court approval. If she attempts to do so, she would risk losing custody of the child.
Answered on Oct 27th, 2014 at 8:06 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, she would have to be living in Florida for at least six (6) months in order to establish residency and for the FL courts to acquire jurisdiction over your divorce. You should probably file in Georgia, though you may want to consult with attorneys in both GA and FL to see if there is any advantage to you to file in one State over the other. You should act quickly before she establishes legal residency in FL. Consult with attorneys in both GA and FL to discuss the specifics of your situation and your options.
Answered on Oct 27th, 2014 at 8:00 PM
John Arthur Smitten
If she and the son live in FL then you need a lawyer in FL. Use of a lawyer is recommended.
Answered on Oct 27th, 2014 at 12:10 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The place to get an attorney, or at least talk to a few about what they can do for you and what needs to be done, is GA. Depending upon what they say, you might want to also consult with a few attorneys in FL. GA is still the home state of the child and any custody matter should be brought in that state.
Answered on Oct 27th, 2014 at 10:18 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Home State of the child is controlling. Florida is HS if the child has been here for over 181 days as of the date of filing. If she flees and you cannot find her or the child you can file a Parental Kidnapping Complaint with the police.
Answered on Oct 27th, 2014 at 10:10 AM
Normally the matter must be filed within your place of Residence. Residence is usually obtained after living in a place for more than 6 months. Understanding what you have stated, and assuming the child is with your spouse, I would first contact a lawyer in the Winter Park, FL area for a consultation to properly advise you on how and where to proceed. You might also want to contact a lawyer in Georgia for a 2nd consultation, just to be certain. Good luck.
Answered on Oct 27th, 2014 at 10:02 AM