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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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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: 1 year ago.
Category: Family Law
Expert:  Joseph replied 1 year 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 1 year 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 1 year ago.
Where was the case initially?
Customer: replied 1 year ago.


In miami florida

Expert:  Joseph replied 1 year 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.

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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.

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Customer: replied 1 year ago.
Relist: Answer quality.
Expert:  Joseph replied 1 year 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 1 year 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.

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