They resided in Ohio and I live in Flagler Co. Florida. My daughter OD'd in Dec. 2014 and passed just before Christmas. Father told me that he wanted me to keep Ally (my granddaughter) and he would help financially. He has seen her only 1 time in the time she has lived with me. He did obtain insurance but I have no insurance card for her. I received papers in the mail from Ohio stating that the father wants full custody and give me "Liberal Parenting Time" I was told that Ohio has no jurisdiction in this matter because Ally has been with me over 15 months in a stable home with absolutely no drugs. A hearing has been set in OH. I am attending the hearing by phone but I don't know what to expect. Does OH have jurisdiction? Do I file in FL for custody? Do I need an attorney licensed in OH for the hearing on the 26th of May? I know that the father is not clean and his parents are behind all of this. I do not want to lose my Ally. She does not even know the father or family
Your situation is tricky. Here is the law as to jurisdiction over the child:
Florida Statute 61.503
"Home state" means the state in which a child lived with a parent or a person acting as a
parent for at least 6 consecutive months immediately before the commencement of a child
custody proceeding.
"Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of 6
consecutive months, including any temporary absence, within 1 year immediately before the
commencement of a child custody proceeding; and
(b) Has been awarded a child-custody determination by a court or claims a right to a childcustody
determination under the laws of this state.
The "and" part is the tricky part of your case. If you do not have court orders allowing you to keep the child, he might argue that FL has no jurisdiction over the child. I definitely recommend retaining an attorney in OH to argue dismissal due to lack of jurisdiction and forum non conveniens and retaining an attorney in FL to file either a Petition for Temporary Custody by Extended Family or Petition for Concurrent Custody by Extended Family, depending on how you want to handle this matter. It would be beneficial, if before the OH hearing you have something pending in a FL court.
Best of Luck,
Helena Y. Farber ~Associate Attorney ~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
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