QUESTION
Which state has the jurisdiction over divorce if we separately filed on different states?
Asked on Dec 06th, 2013 on Divorce - Florida
More details to this question:
My sons and I moved to FL in 2010. May 2013, my oldest son (7) spent the summer with my husband in CA. They asked if he could spend 2013-14 school year in CA. September 23, 2013, I filed for divorce in FL. He was served September 27 by Sheriff. In October, he filed for divorce in CA (I was never served). November 19th, FL finalized my divorce. I filed in CA. Request for Order and Motion to Quash for lack of service - still hadn't been served. Back in FL I filed a Rehearing to accept and approve the Parenting Plan. Today, I was told by FL judge's assistant that CA had jurisdiction. I am confused.
7 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an attorney for this mess.
Answered on Dec 12th, 2013 at 2:02 AM
FL had jurisdiction for the divorce. Now the case goes to CA where the child lives has teachers friends etc. However it would seem that a Change of Jurisdiction would have bed needed to accomplish this.
Answered on Dec 10th, 2013 at 12:11 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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California has jurisdiction over the custody and visitation. All other issues will be decided by the court in Florida.
Answered on Dec 10th, 2013 at 12:10 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If your so has been in CA for more than six months CA has jurisdiction over his custody. However FL had jurisdiction over the divorce as you filed and served it first. Jurisdiction is sometimes different for different issued.
Answered on Dec 10th, 2013 at 12:10 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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The answer is probably both States. Florida had jurisdiction to dissolve the bonds of marriage and grant you a divorce, but it sounds from your question like your oldest son was in CA for six (6) months or more, beginning in the Summer, in which case CA most likely became his "home state" and where he was attending school for this school year. This means that CA would have jurisdiction over the parenting, custody, timesharing and other child-related issues for that child. As far as the other children are concerned, it sounds like FL would have jurisdiction over those same issues as to the children that remained with you in FL. Needless to say, you should have used an attorney and you should have entered into a written agreement regarding the oldest child before sending him to CA. When multiple jurisdictions are involved with more than one child, the court often communicate with each other to determine which one of them will exercise jurisdiction over the child-related issues.
Answered on Dec 10th, 2013 at 12:09 PM
It sounds like what you should do is file a motion for dismissal in CA, on the grounds that the divorce filing is moot inasmuch as the matter has been finalized in FL. With the motion, file a Certified copy of the final Judgment from FL so the CA Court can see it is done.
Answered on Dec 10th, 2013 at 12:08 PM
John Arthur Smitten
You need to set some type of hearing with the court to clarify the jurisdiction issue, and get the CA court involved in that hearing.
Answered on Dec 10th, 2013 at 12:08 PM