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 Joseph Your Own Question
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
Type Your Family Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

my ex boyfriend and I have joint custody of our 10yr old daughter

Customer Question

my ex boyfriend and I have joint custody of our 10yr old daughter and he has the physical custody. He lives in Florida and I live in Texas. In 2008 i allowed him to take our daughter for the year since he was becoming more active in her life. He then said i abandoned her and filed for custody. I was not served properly and ultimately agreed to sign the agreement his attorney had drawn up as I was pro se and my daughter was the one suffering because she wanted to come to live with me. ( i was also suffering financially because i was flying her back and forth any chance I could) This occured in Dec of 2009. In june 2010 he told me she could live with me as long as I dont ask for any govt asst. I agreed just so I could make my daughter feel safe (while living with her father she states he used to hold her under freezing water if she misbehaved in anyway.) She is now in counseling. Since June 2010 he has not visited nor provided any support for her. He has called her about twice a year. I want to file pro se to modify the court order but I am unsure if i have standing to do so. Im so scared i will have to return her to hiim. He has shown he has no interest in her i'm not sure where to start with the court procedure.
Submitted: 3 years ago.
Category: Family Law
Expert:  Joseph replied 3 years ago.
I'm a family law attorney and I believe I can offer assistance. However, I'm not sure what your question is this evening. Please state your legal question. Thank you!
Customer: replied 3 years ago.

thank you for your time. Since my daughter has lived with me for 33 months will i be able to file in texas to modify or would i have to do it in florida?

Expert:  Joseph replied 3 years ago.
Where was the case initially?
Customer: replied 3 years ago.

In miami florida

Expert:  Joseph replied 3 years ago.

Then it is still a Florida case for the time being. However, federal law states that child custody matters should be litigated in the state in which the child resides. As the child has resided with you for sometime in Texas, the case should be transferred there.


The easiest way to handle this would be to retain a family law attorney in your area. The attorney could handle the matter for you and make the process more simplistic. If you desire to proceed on your own, you would be looking to have the Florida judgment registered in Texas. Once that occurs, you could then file a petition to modify the custodial arrangement and proceed in Texas. You should consider contacting the clerk of the court in your county on Monday, they may well have template documents to help you start the process.

I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  Joseph replied 3 years ago.
I'm a bit confused. Five seconds after I posted my response, it shows that you relisted the question due to "answer quality". Was there something else you needed?
Expert:  Joseph replied 3 years ago.

It appears that you went offline after your last post. It has grown late and I need to sign off as well. Please feel free to respond and know that I will be back online tomorrow. Thank you.

Related Family Law Questions