Our original Court ordered visitation agreement was filed in Broward County Florida over 10 years ago. this agreement has not been followed by either party. I have since moved to Georgia and the mother moved to Marion county Florida. should I file the motion in Broward County or Marion County? Is this the right petition/motion to be filed? My intent is to get full custody at best or at least have my son living with me during the School Year. Can anybody refer me to a third party that can take a statement from my son who wishes to live with me in Georgia to be used in court? My son is 14 years old.
If you want to change the terms of the final court order, you need to file in FL, but I would hazard a guess, based on my knowledge of GA law, that you will likely need to file the modification action in Marion County, FL, since that is the county where the would-be defendant now resides. You would likely need to file an action in Broward County only if the defendant lived there, and/or if it were a contempt action instead of a modification, since a contempt is enforcement of a prior court order, and only the issuing court normally has jurisdiction.
First, you are asking GA attorneys about where you should file in FL. According to UCCJEA you should file in FL as long as one of the parents still lives there. Since the mother now lives in Marion county, you should file to modify the court order there. Hire an attorney to assist you. You can ask for physical custody of the child when you file to modify but I do not know the age for a child to file an election stating where they want to live in the state of FL, although it is 14 in GA.
Repost your question with a Florida location or use the find a law feature on AVVO to find an attorney in Florida, in the county where the mother now lives. You will need to file a motion in that county to modify the custody/visitation order. An attorney there can help you get an affidavit from your son if that will be helpful to your case.
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