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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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If there is a paternity lawsuit pending, say it was filed in

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If there is a paternity lawsuit pending, say it was filed in County A a year ago, couple went to a mediator, there is an agreement with the mediator, but not yet signed off by the judge. custody is 50-50. 120 days ago one parent moves over 50 miles away, 75 miles away to county B. Parent that moved away to county b, files a domestic violence injuction, dioes not mention the Paternity suit in the injunction, files the injunction in county B. 1. Does county B have jurisdiction over this. 2. How serious will the judge take this, by not mentioning the paternity suit in County A, obviously it's not a simple mistake.

AttyCBradford :

The judge in County B should not be making any rulings without being advised of the pendency of the action in County A. Odds are the second court (because the child has not lived there long enough) would not have jurisdiction. Florida became the home state as long as the child had lived in the state for at least 6 months, generally for county residence its three months, but varies by county. Either way the relocating parent would need to file a motion to change venue for the custody provisions.... THE DV case can be filed where the DV occurred, but generally it is filed in conjunction with the other case

Customer:

This is all the same state, apparently she moved over 90 days ago but did not notify it to the court

AttyCBradford :

You could file a contempt motion for her not telling you that she moved.

AttyCBradford :

But ultimately the question you asked is that the case should be filed in connection with the original case

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