Custody During Divorce

by Noemi from Brooklyn, New York

My husband and I recently separated and we agreed that I will live in NY with our daughters. He recently filed for dissolution of marriage and visited NY for a week to see the girls, and took them back to FL without my consent.

A few days after I received the letter through his attorney regarding this. What can I do to get my daughters back with me in NY?

Answer to Florida Divorce Question

Dear Noemi,

If New York is your daughters' home state you can file a custody action there.

The definition of home state for the purposes of custody under the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) is the state where the children have lived for the past six months.

There is no need for the children to be physically present in New York for you to file a custody action.

However, if you have moved to New York with your daughters within the past six months, then Florida would be their home state, and custody matters would be within Florida's jurisdiction.

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