I lost custody of my children in Florida because I was not able to complete my case plan on time the case was closed and my daughters father got sole custody of my 3 girls and my sons grandmother got custody of him since his father was deemed unfit by the courts. I currently have 8 hr unsupervised visits with my children. I just moved out of Florida to Colorodo and I wanted to know if once I am established and have my 6 months stable residence, 6 months stable income and complete my final class can I reopen the case to get custody back of my children from Colorodo? Or would I have to reopen and establish myself in Florida to be able to get custody back of my children?
Once Florida makes a custody determination it retains continuing exclusive jurisdiction over that issue until it relinquishes it. Look at the Uniform Child Custody Jurisdiction Enforcement Act. The only time you might be able to file in a different state is if the residential parent moves from Florida and the court might agree to assume authority but that would depend on facts not listed here.
Talk to a local attorney in Colorado about the problem but I would not hold out a lot of hope.
If I understand the the facts you have presented, the children are still in Florida. If so, then Florida is where you need to file any new case, or, if a custody case exists in the Florida courts, it is where you will need to file a motion to modify. Your residence means nothing in a child custody context. It is the children's residence which controls where a case may be filed.
www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
Were your parental rights terminated? Once your parental rights have been terminated, it is extremely difficult, if not impossible, to get custody. Whatever has been ordered in another state will be given full faith and credit in another state.
Please mark "best answer" or "helpful" if you found my reply to be the best or helpful. This is intended as general legal advice and not intended to create an attorney/client relationship.
The court isn't very concerned about where you go. It is where the children are living that matters. If the children live in Florida, that is where you will need to address custody.
You can reach Colorado Legal Solutions by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado and Massachusetts. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Colorado Legal Solutions and any person. Sometimes free advice is only worth as much as you paid for it. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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