Legal Question in Family Law in Florida

contempt of court/change of custody/change jurisdiction

Divorced in Florida in '98. Shared parental responsibility with her having primary. My ex-wife moved to TX 4/07 against divorce decree, (only she not allowed to move). I moved to AR in October 07. She then moved to LA in 11/07, KY in 2/08 and now she states she is in Arkansas. She will not tell me a phone number to contact her or my children, or visitation. I am supposed to get alternate weekends, 4 weeks summer, daily calls, alternate holidays. I maybe able to track her down via her husbands job.

Can she block changing jurisdiction to AR since she now lives here to? Can a FL contempt motion change custody if children are in danger (one child was removed from hospital AMA).

I can not afford to outright pay a lawyer and she was represented by bay area legal in Hillsborough Co FL, so they will not represent me. I can do payments but do not know how to find a lawyer who will take payments.

What specific law states Florida doesn't retain jurisdiction if both parties out of state more then 6 months.

Asked on 7/17/08, 9:46 pm

1 Answer from Attorneys

Alicia Santana Torres Santana Torres Law Offices, PL

Re: contempt of court/change of custody/change jurisdiction

Have you not seen your children since 4/07? You should have filed for contempt a long time ago if that is the case; the judge will want o know what took you so long. You should file for contempt in Florida, the court's jurisdiction over the children will follow her to Arkansas and the police or a court there will enforce the Florida court's order. Also, once you present the facts to the Florida court and it can transfer juridiction to Arkansa if that is appropriate.

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Answered on 7/18/08, 8:48 am

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