Legal Question in Family Law in Florida

How to get custody of my children

I have 3 children in California living right now with their father whom i am divorcing. He has been to jail twice for inflicting corporal injury on spouse (me) and I had to leave him so my children didn't have to see the violence, I was wondering how I go about fighting for custody of my children here in Florida without having to go to California? also I have been gone for about 4 months now trying to get my life in order, do I still have a good chance of getting my children?


Asked on 12/11/07, 1:47 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: How to get custody of my children

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Frankly, you will have no chance here in Florida. You have not met the 6 month residency requirement in order to file a divorce here. More importantly, since the children live in California, any action involving the children will have to be filed there. You do not have the option of choosing the jurisdiction (location) of the court battle.

Scott R. Jay, Esq.

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Answered on 12/13/07, 1:02 am

Re: How to get custody of my children

What age are the children? If they are still in Calif., you may have to do battle out there. If you have been in Fla for only 4 months you have not established residency. Custody is based on many factors, but it may depend on Calif law rather than Fla.

Go to an atty where you live in Fla., and once you give him the details, such as, the children's ages, he can advise. Right now you have as good a chance of getting custody as does your husband

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Answered on 12/12/07, 1:06 pm


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