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WHEN WILL NEW YORK HAVE JURISDICTION OVER A FLORIDA DIVORCE THAT INVOLVES TIME SHARING & CHILD SUPPORT? DIFFERENCES FL v. NY ?

Boca Raton, FL |

MY SPOUSE OF 11 YEARS & I HAVE BEEN LIVING IN FLORIDA FOR 8 YEARS. I STILL LIVE HERE. SHE FILED FOR DISSOLUTION OF MARRIAGE LATE 2011. WE SHARE 3 MINOR CHILDREN, 2 WERE BORN IN FLORIDA. TEMPORARY TIME SHARING SCHEDULE ENTERED & A CHILD SUPPORT FINDING. AFTER 10 MONTHS UNDER THIS ARRANGEMENT, BEFORE DISSOLUTION, SHE FILED TO AMEND HER ORIGINAL PETITION OF DISSOLUTION (1 MONTH AGO), FOR TEMP+PERM RELOCATE TO NEW YORK. A WEEK LATER SHE FILED FOR SUSPENSION OF ALL TIME SHARING & A STAY AWAY ORDER, BOTH GRANTED BY A "NEW" JUDGE (ORIGINAL JUDGE WHO GRANTED TIME SHARING RETIRED). HEARING HELD ON TEMP RELOCATION AND GRANTED BASED ON "EDUCATIONAL NEED" OF 1 CHILD. 2 WEEKS AGO SHE LEFT FL. RESIDES WITH ALL 3 MINOR CHILDREN IN NEW YORK - DO I APPEAL IN FL OR NY? WHO GOVERNS MY RIGHTS TO MY CHILDREN?

Attorney Answers 3


  1. Order entered by FL court and she only left two weeks ago, so FL still has jurisdiction. After six months in NY, NY will have jurisdiction, but it may be FL or NY law, depending on many things. You should get an attorney now to help you with these issues.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.


  2. I agree with my colleague. You should immediately consult with a local attorney who can go through what occurred in this case and see if there is anything to be done. If you wait to long it will be possible that NY will have jurisdiction and then it will be even more difficult to remedy.

    Contact through this site alone does not establish a client lawyer relationship. This information is not to be used as a substitute for consulting with an attorney. I or any of the attorneys at longwelllawyers would be happy to give a free consultation. Call 407-426-5757. Longwell Lawyers


  3. As previously indicated any appeal you wish to file would be in Florida and you have 30 days from the date of the order to file your notice of appeal.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

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