Legal Question in Family Law in Florida

A child is born in another country, has an American citizen father and a Non-US citizen mother. The two people are married, but now they are getting a divorce. What country does the case for child custody take place? America, or the country where the child is a citizen of? And who would get custody of the child?

Asked on 3/28/13, 8:34 pm

2 Answers from Attorneys

John Smitten Carey and Leisure

You can get a decree of divorce only in FL, USA. matters pertaining to the child have to be litigated in the country where the child lives. Contact my office for free consultation. 727-446-7659.

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Answered on 3/29/13, 3:14 am

Natalie Hall The Law Office of Natalie D. Hall, P.A.

The ability of a court of a specific country to decide will be based on the child's residence rather than citizenship. Custody is based on the laws of that State or Country. Here in Florida, custody determination is based on the best interest of the child.

Your case requires a consultation with a local Family Law Attorney who can ask more specific questions necessary for a better determination of jurisdiction (which country can make the decision) and custody.

Natalie Hall, Esq.

(407) 412-7035

[email protected]

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Answered on 3/29/13, 9:28 am

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