QUESTION
If I move from FL to TN & court is petitioned to revisit regaining access to my dtr, would the case have to be in FL or TN?
Asked on Jul 08th, 2015 on Family Law - Florida
More details to this question:
My divorce papers grant me "sole parenteral responsibility & exclusive time sharing" with my daughter. My exhusband is incarcerated. The divorce papers state that he can petition the court to readdress both responsibility & time sharing once he is released. He has not attempted to maintain a relationship with her for the last 2 years & will get out of prison in October. Should he petition the court, would the case have to be heard in FL since the case originated here? Or would the case be heard in TN where the child would be residing?
1 ANSWER
Usually the court where the case was adjudicated and where the final judgment was entered, reserves jurisdiction over the child and the matter and it would be appropriate for the Father to file in that same court. However, in some instances, upon request of the party, the court might agree to release jurisdiction to another state for the convince of the parties and/or if the majority of the witnesses/evidence is in that "other state."
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Jul 09th, 2015 at 6:08 AM