I filed for divorce in the state of FL in June 2009, my wife lives in TN with our two minor children. She filed for divorce in TN in July 2009.
My questions is, where there is jurisdiction issues on both cases (I have our oldest son (15) living here with me in FL) - which court would have precedence? Can a judge in FL make final decisions in the divorce, or in fact the judge in TN? How does that work?
I am requesting custody of the two minor children that are in TN, she is not asking for custody of the older son, does that have any impact on which court will hear the case?
Answer to Florida Divorce Question
Dear Anonymous,
The fact that you are seeking custody of the two children in TN, will give the TN court jurisdiction over child custody. See the UCCJEA Act for the law in this area.
You may still be granted a divorce in Florida, but the Florida court will not have jurisdiction for finding in the custody portion of your petition.
This is a very difficult divorce case, and our staff highly suggests that you seek legal counsel. We do not think pursuing this case Pro Se will be in your or your children's best interest.
Initial custody determination
To determine which state has proper jurisdiction to make an "initial determination" of child custody, the UCCJEA proceeds in the following order of priority:
1. The state which is currently the "home state" of the child, or was the child's home state within six months immediately before the commencement of child custody proceedings if the child is absent from the state, but a parent or person acting as a parent continues to live in the state;
2. If no state has jurisdiction under #1, then jurisdiction is proper where the child and at least one parent have a significant connection with the state (other than mere presence), and substantial evidence concerning the custody determination is available in the state;
3. If no state has jurisdiction under #1 or #2 above, jurisdiction is proper in any state having an appropriate connection with the child.
A state having jurisdiction under #1 or #2 above may decline to exercise its jurisdiction, and transfer it to another state if it is more convenient for the parties, or if one of the parties has engaged in misconduct necessitating a change.
"Home state" is defined as the "state in which a child lived with a parent or a person acting as
a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period."
For example, young Chris has lived in Iowa with his mother and father for the last three years. If the mother moves to Minnesota, but Chris remains in Iowa, then Minnesota will not have jurisdiction to determine custody over Chris. Iowa is the only state that can determine custody at this point.
If you have any concerns and need legal advice, you should speak to an attorney in your area. You should only accept legal advice from an attorney.
If you do not have a lawyer, we recommend you use this free Lawyer Referral Service by LegalMatch or call toll free 877-517-7329. Many lawyers offer free initial consultations.
Also, have a look at our Florida legal resources page for more information about free and low cost legal services in Florida.
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