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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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i have a final order signed by a florida judge pertaining to

Customer Question

i have a final order signed by a florida judge pertaining to a custody order in Tennesse at the bottom the judge wrote court retains jurisdiction onlt to eforce/modify order.does this mean that he can modify the custody order in his court in florida?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your question.

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) the Florida court can take jurisidiction of the original TN court order to enforce or modify it. This applies when the parties are no longer livining in the original state that issued the custody order or when there is an urgent need for the Florida court to take jurisdiction.

So yes, it means the Florida court can modify or enforce in its state.



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Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
how do i go about getting this modified in florida she is suppose to be in court in tennesse on december17,2008
Expert:  Attorney & Mediator replied 5 years ago.
I just noticed that your additional information came up after I had sent in my original answer, so I never had the opportunity to review that until now.

I am confused with the time lines:

1) What state issued the original order for custody and visitation, before the child was permitted to go with dad?

2) How long was the child living in TN when TN took jurisdiction?

3) What is the basis for asking supervised visitation against mom?


Thanks
Customer: replied 5 years ago.
the mother and her fiance had an argument he took my granson from Port charloote fla. to Tampa fla. and called the boys father in Tennesse and told him to come and get him in the mean time the mother is talking with police in Port Charlotte and told to talk with police in Tampa to get him back but before he could be caught up with the father had came to florida and taken him back to Tennesee it was then that that the mother talked to her son and the boys father and agreed to allow him to stay untill summer,it was at that time he told us we would have to pay for return airfair and give him a hundred dollars for an unsupervised minor flight ,and we would have to drive to Orlando pick him up and return him to Orlando to his brother so he could spend time with him ,we never saw custoy papers untill he came down to take him back after we had a emerency order of protetion filed becaue he told us he was being abused.the father had him 6 moths i think when he went to court for custoy.
Customer: replied 5 years ago.
you asked why the father had requested supervised visatation he said that by not returnig the boy he had incurred great mental distress,he tol the mother that she couldnt act like an adult when she had not retuned the boy to him as she was told and that he had incurred great expense by having to come to Florida and go to court to take the boy back,he showed up here before he was to be returned and chesed the family to the police station at which time he was taken from the car and handcuffed for having to loaded guns in his console but thay let him go because h had a permit in Tennesse.and the boy was allowed to stay with the mother untill court.
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply. Sorry for the delay as I was away from my desk.

I still don't have one issue answered. If TN gave out the custody orders, how did the Florida Judge come into play in order to write the final order? Isn't the child still a resident of TN at the present time?


Customer: replied 5 years ago.
the child was under a protective order filed in florida while he was here and the judge who heard the case signed the order
Customer: replied 5 years ago.
I thank you so much for your time i will try to write this down on paper before i try to post it again so it wont be so confusing and time consuming for you i hope i can reach later and Thank you again!!
Expert:  Attorney & Mediator replied 5 years ago.
No problem.

You can post it again here or in a new post.

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