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Christian
Christian, Family Law Attorney
Category: Family Law
Satisfied Customers: 17
Experience:  CA licensed attorney since 1995. Practice limited to family law.
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How can I find info on how jurisdiction is established

Customer Question

The children and I live in FL absent parent lives in N.C. We were never married, paturnity has been confirmed, I filed in Fl for child support he submitted a motion to dismiss.
Submitted: 6 years ago.
Category: Family Law
Expert:  Christian replied 6 years ago.

Hello,

The "habitual residence" of the children is what needs to be confirmed to establish jurisdiction for child support. If you have lived in FL for longer than six months (requirement for habitual residency) then the state of FL should have jurisdiction over the child support case and his motion to dismiss should fail.

Good luck.

Christian, Family Law Attorney
Category: Family Law
Satisfied Customers: 17
Experience: CA licensed attorney since 1995. Practice limited to family law.
Christian and 4 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Christian's Post: The twins were born in Fl and have never left the state. So I know we meet the reqirements for that part. Under what circumstances would the petition to dismiss not fail? In addition, the ap never responded to the orignal petition and the motion for default was filed (06/02/2008) the motion to dismiss was file 06/27/2008. What effect does the default have on the motion to dismiss if any?
Customer: replied 6 years ago.
The twins were born in Fl and have never left the state. So I know we meet the reqirements for that part. Under what circumstances would the petition to dismiss not fail? In addition, the ap never responded to the orignal petition and the motion for default was filed (06/02/2008) the motion to dismiss was file 06/27/2008. What effect does the default have on the motion to dismiss if any?
Expert:  Christian replied 6 years ago.

Hi again,

There are many possible grounds for the motion to dismiss, there is no way for me to be able to answer that one. It sounds as if he may be trying to set aside the default. If so and he is successful, you are no worse off than you were when you filed the original petition, you'll just have to deal with him through the court system.

Best of luck to you.

Customer: replied 6 years ago.
Reply to Christian's Post: my last question. Is there anything I can do to ensure the motion fails? My attorney is trying to set a trial (I thought is was a hearing but he keeps calling it a trial, not sure I understand the difference) date at this time so that we can petition his employer for his income.
Expert:  Christian replied 6 years ago.

Hi again,

I agree it's probably more correct to call it a hearing.

There is no way to be sure what a judge will do with anything that is in front of them. The person who could would be the richest attorney in America :) .

FYI - motions to dismiss get filed regularly and on a percentage basis few actually succeed. You probably want o trust your attorney to handle this one and it is likely to fail on its own.

Thank you

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