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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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he had no visitation order at all just child support ...

Customer Question

he had no visitation order at all just child support deduction order i was never told i could not leave the state of florida can i obtain a lawyer and have it fought here in tennessee or via mail i cant afford to travel to florida i have not received support since jan 11 2008 he threatens me he demeans me he demands from me help me please
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
1) What papers has the father served you with? For custody?

2) Have you recently moved away from Florida? If so, how long ago have you been living in the new state of TN?

Thanks.
Customer: replied 6 years ago.
Reply toCustomers Post: emergency child pick up hearing april 23 2008 then he has requested full custody for zacky and that i pay him child support to him he has falsified information that i have only let him talk to him once he has had the new number a week after we had moved he also calls all the time insinuating im a bad person then nice again mean nice i saved all the emails nice and bad ones i need some help please help me
Expert:  Attorney & Mediator replied 6 years ago.
1) But can you please clarify that this is the first custody request ever or is there any prior custody order on file?

2) Can you tell me if the child was a previous resident of Florida and if so how long?

3) Can you tell me how long the child has been a resident of TN?

Thanks.
Customer: replied 6 years ago.
Reply toCustomers Post: yes this is the only one on file we have lived in florida since we came to find kevin and pay for a dna got it child support i won and that is all about 2 and a half years in florida and only last 5 months he lived in my house because he lost another job and no where to live so i agreed big mistake he pulled alot of stuff which i will have to tell a lawyer everything and i will we left florida he knew he did not want to go november 20 2008 till present i am established resident and registered to vote here and my son is on the waiting list for pre k
Expert:  Attorney & Mediator replied 6 years ago.
Thank you Customer for your response.

Proper jurisdiction for custody, is the state where the child has been a resident for a period of six months or if there is an urgent need to protect the child. Unfortunately you have been only a resident of TN for five months, so in essence the father can argue proper jurisdiction is Florida as the child was a resident of that state for the last 2.5 years. The child's residence is what matters for custody, not that of the parents. In addition since he has already filed this emergency hearing in Florida you need to come to Florida to respond to the petition. You can attempt to dismiss his suit on the grounds that Florida no longer has jurisdiction, but it will be up to the judge to decide whether five months in TN is sufficient enough to allow TN to take jurisdiction of the custody case.

Unfortunately since he has filed in Florida, you cannot have the case dismissed without making an appearance in Florida. You have to be there to challenge the father's motion. If you fail to show up, the court will accept jurisdiction in that state and you will need to handle all issues of custody there, so at least you need to return to Florida to dismiss the petition. If the dismissal is successful, then the father would need to file in TN.

I understand funds are limited, but if the court needs your appearance you need to show up. I suggest that you contact the court clerk in Florida to see if you can make a telephone appearance [these are rarely granted, but make the request].

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Customer: replied 6 years ago.
Reply toCustomers Post: can a tennessee lawyer write a response to the papers which i have 20 days to do so and could we have the hearing postponed for us to build our case then it woul;d make it 6 months
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your response.

1) You won't find a lawyer in TN to take up your Florida case, unless the lawyer also is licensed to practice law in Florida. You will need to get a lawyer in Florida to help you, one that is from the same county and has handled custody cases in the court where this suit has been filed.

2) You cannot seek a continuance just to wait out the time. In addition for an emergency hearing continuances are not granted because of the urgency of the case.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Reply toCustomers Post: i did pay for my answers and it was taken out of my account i respect the answers but again there was no other way to prevent my son other to leave which he was told 2 months in advance he knew he is lying i wanted to have my son in a drug free environment and a non alchohol environment he would not stop doing drugs in my house his parents knew they were told to make room for there son because he is not living in this house no more they denied to take him
Expert:  Attorney & Mediator replied 6 years ago.
Seems to be a confusion here. There are two questions you posted. The other one by the other expert was accepted but not this question. You asked two different questions which were answered by two different experts and only one expert was paid.

No need to pay for my answer, just want to make sure you understand that you have one question paid twice and one outstanding.

I'll opt out of this question now.


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