How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
1723468
Type Your Family Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

My wife, who resides in NY, has received a notice to appear

Resolved Question:

My wife, who resides in NY, has received a notice to appear in Florida, from family services, a notice to appear down there. This has something to do with custody of her 13 year old daughter who, by agreement has been with the father who now is in jail for defrauding the government out of $22,000. My wife did not know any addresses for the daughter or the father who took her out of NJ 4 years ago. The father and my wife were never married and he refused to sign the birth certificate. Now they are making the threat that if my wife does not appear on 14th of April she "may lose" custody rights. We do not have the ability to be traveling back and forth to Florida and as my wife has never lived in Florida does she have to recognize their threats in NY ? It seems they would have to file in NY.
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
Actually Florida does have jurisdiction, because the child's homestate has been in Florida all this time. Further this is not a child custody case but a child protection case since the child is now left without a parent in Florida. That state has jurisdiction on this case and does require mom to come to Florida to claim her daughter. If mom does not come the child can be considered abandoned by both of her parents and the child can be made a ward of the state which can eventually mean losing parental rights. So these are not threats but what can actually happen. NY has no jurisdiction on a child protection case, so they are not required to file anything in NY.

Mom need to go to Florida or she can lose her rights to her daughter.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator and 2 other Family Law Specialists are ready to help you

Related Family Law Questions