When does child custody jurisdiction take place? 2 Answers as of June 15, 2011The "home state" is the jurisdiction in which the child has lived with his or her legal custodian for at least six months or a state which was the "home state" within six months of filing. (For example, if a family lives in state A for one year, state A is the home state. If the same family lived in state A for one year and then one parent moved to state B with the children and filed in state B after living in state B for only four months, state A is still the home state). I am trying to figure out if the above applies to me. Me, my childern and ex moved to FL from Indiana in Feb. In April my ex left and moved to Maryland. In May he filed for custody of our childern one in which was born in Fl in May this yr. I want to know if the jurisdiction law applies and if so which state has it?
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
You need to consult with an attorney, as more information needs to be known. For example, what do you mean by "he filed for custody". Did he file divorce papers? If so, you should respond with a motion to dismiss. And from what you've stated, it sounds as if Indiana has jurisdiction over the divorce and most of the children, but that Florida may potentially have jurisdiction over the youngest. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office.
Answer Applies to: Florida