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After four years in Florida, who has the jurisdiction on parental relations, Florida or Puerto Rico?: More than four years ago I got a new job in Tampa Florida and my wife and I decided to move from Puerto Rico and take the chance on this new opportunity. She went to court with her child's father to get his permission so we could leave with the boy. The agreement was for him to travel on Christmas to see the boy and the boy would have to visit him on summers. The father was into drugs and not doing any good and my wife decided to not send him to Puerto Rico because the boy could be in danger by staying with him. Now he filed for parent relations and the judge doesn't want to renounce Puerto Rico's jurisdiction and let the case be seen in Florida. Can the judge do that? How should we proceed in this case? The judge filed in the father's favor but we are worried about the boy's well being.

Thank you in advance,

Asked 3 days ago in Child Custody

Kenneth’s answer: Four years is a long time. Has the child been back to Puerto Rico during that 4 years? Did the court in Puerto Rico order or adopt a parenting plan/decide custody? Before the child left Puerto Rico?

It is possible to transfer the case to Florida because the child resides here and the parent resides here but It depends on the facts. If Puerto Rico made a custody determination, they will have jurisdiction to change that custody order until the case is transferred/"domesticated" elsewhere.

If the child is in danger, Florida could have jurisdiction over the child under a set of facts that show an emergency.

Otherwise, is there a child protective services group that you may contact to investigate the living arrangements of the parent in Puerto Rico?

Answered 2 days ago.


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