Legal Question in Family Law in Kentucky

jurisdiction

My daughter, who is now 7 years old, was born in Florida. We resided there for about 3 years on and off with her father. I am now remarried and we have resided in Kentucky for the past 3 years. Because Florida maintains jurisdiction, whenever there is a court proceeding concerning our custody case, I am always inconvenienced by having to travel to Florida. Shouldn't jurisdiction be where the child's primary residence is in Kentucky with me? Is it possible to have jurisdiction changed to our state of residence? Please advise.


Asked on 3/19/08, 1:16 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: jurisdiction

Changing jurisdictions can be complicated and difficult, but it is possible. It is only likely to occur when the child is in the new state (Kentucky). The next time you are called to court in Florida, you need to get an attorney and have them move the court to transfer the home state jurisdiction to Kentucky. I say you need an attorney because it is not a clear cut issue since the father still lives in Florida. Where getting divorced without an attorney is like giving yourself an appendectomy, trying to deal with interstate jurisdiction on your own is like doing brain surgery on yourself.

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Answered on 3/19/08, 1:41 pm


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