Interstate Visitation Jurisdiction
by Stephanie from Fort Pierce, Florida, St Lucie County
Interstate Visitation Jurisdiction: Daughters do not want to visit their father. I have sole custody of both my daughters here in Florida. They are 15 and 12 and wish to no longer visit their dad in Texas. I don't know what to do because the father is taking me to court to modify visitation and my daughters are horrified by going back to Texas to visit him.
They feel uncomfortable staying with him because he's always been unfit. Him and I were divorced due to physical and mental abuse. He owes me $30,000 in child support and has really never been there for his daughters...what do i do?
Answer to Florida Child Visitation Question
Dear Stephanie,
From what you've said it sounds like you were divorced in Texas and then moved to Florida.
Interstate child custody laws are governed by the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).
Child visitation is part of child custody.
It is my understanding that Texas retains jurisdiction for both the child support and child custody order, because he still resides in Texas.
However, if there was domestic abuse during the marriage, you can request that jurisdiction be transferred to Florida so that you can petition to modify the child visitation in Florida.
From a practical standpoint, I'm not sure how he plans to take you to court and also has an outstanding balance of $30,000. for child support payments.
Be sure to notify the entity that enforces child support (Florida uses the Florida Department of Revenue) of your court date, so that they can enforce your support.
Also, teenagers have some say in whether or not they want to visit with a parent. If your daughters do not want to visit him, help them make their wishes known to the judge.
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