QUESTION
Do I file for custody in the county I live in where my child has been for the last 16 months or the county my husband is in with him
Asked on Sep 10th, 2018 on Child Custody - Florida
More details to this question:
I left my husband 16 months and our son has been with me everyday in a different county, we also have a daughter who has been with me, my husband snatched our son from me out of my car and left our daughter with me after he got mad over visitation, we are in the process of a divorce do I file for custody in my county or where he is keeping my child.
1 ANSWER
Dear Anonymous:
You mention that you are in the process of a divorce. Has it been filed yet? Timesharing ( it is not called "visitation" or "custody" in Florida any more) is addressed in divorce proceedings and as long as the child is in the same state typically the "venue" (what county the case is filed in) for a divorce proceeding is the county where the parties last resided as husband and wife. However, with that said, one can file to move the venue to another county if it would be more convenient for the case to proceed there. For example, the children's schools, friends, doctors, witnesses, etc. are located where you are now living.
It is at least worth a try to attempt to move the venue.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496
Answered on Sep 11th, 2018 at 3:04 PM