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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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my friend had verbally agreed to move to florida where her

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my friend had verbally agreed to move to florida where her ex husband wanted to move. but she had told him it was under the condition that they both had jobs and insurance set up for their son. when it got close to be time to go, neither had been met. she told him she didn't want to go and he said it was too bad and if she wanted to stay she could, but he was taking their 4 year old son with him. they didn't have any custody on paper, they just split time on their own. so she went and had a lawyer file papers to keep him here. the first judge agreed and signed a paper saying that the son was to stay here in pa. when they left the court house, the ex husband stayed behind and had some one on one time with the other judge who was supposed to mediate the custody and got him to set up a hearing later that same day. the new judge reversed the original decision and said that he could take him down there. he said the reason was because the ex had quit his job and put a first months payment on an apartment and set up utilities already and it wouldn't be fair to make him stay because she had changed her mind. but he didn't have a job waiting for him, just a plan to try to get a restaurant job when he got there. so she had to move in with her parents in florida so she wouldn't lose her son. she still has her job that she had here for 6 years waiting the minute she could come back. she wants to be back here. is there any way to appeal that judges decision? is there any way for her to be able to come back here with her son?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry about your friend's situation.

How long ago did the court ruled in the father's favor and how long did the father and mother have lived in Florida now?

Was the father awarded a sole custody of the child?
Customer: replied 1 year ago.


4-26-13 is when the court ruled. they didn't grant sole custody to the father, they granted split custody, but said it had to be in florida. they've been down their since the next day. it just doesn't make sense to us that the judge would rule that taking him from where he grew up to go somewhere with no job or real plans was the best thing for the child. it seems like the ex husband told some kind of crazy story when he had alone time with the judge, which my friend or her lawyer were not aware was happening.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

What is your friend's lawyer's position and view of this situation?

It does sound very strange, that another judge would communicate with the father ex-parte (without all sides) present and then would sit on the bench and overrule previous judge's decision made the same day.
Customer: replied 1 year ago.


her lawyer said the judges decision was final and there was nothing she could do. but that didn't sound right. everything happened in a matter of 2 days.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, at this point, since the father, mother and the child had relocated to Florida, the custody issue would have to be decided by a local family court in Florida which would not have the jurisdiction over this matter.

So the mother would have to file a petition with the local family court in Florida to seek physical custody of the child and also to move back to PA with the child.

It would be a very good idea for the mother to hire an experienced local child custody attorney to help the mother with her petition and this local attorney can present mother's case in the best possible light to the court and also can outline all of the supporting facts and evidence which would help the mother to convince the court to rule in her favor.

If the mother does not have a local child custody attorney in Florida, she can use these well trusted and reliable attorney information / referral website to find an experienced and reputable attorney in Florida:

www.martindale.com
www.lexmundi.com
www.justia.com
www.lawyers.com


I wish you and your friend the best of luck!
Customer: replied 1 year ago.


if the florida court wouldn't have jurisdiction over the matter, wouldn't she need to go through the pa courts?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

I am really sorry for the confusion, which was actually due to my typo and I apologize for that.

My answer was meant to read that at this time only the local Florida court would have jurisdiction over this custody matter.
Customer: replied 1 year ago.


she cant appeal the ruling made by the pa court through the pa court? they've only been there a cpl weeks. and what do you think her chances would be?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

The issue here is that PA court would not have jurisdiction over the minor child, since the father moved with the child to Florida, with the court's permission, so not it is the Florida court who would have proper jurisdiction over this child's custody, since the child located and resides in Florida.

It is hard to predict what the mother's chances will be in obtaining physical custody of the child and moving back to PA, but the court will evaluate all of the evidence and facts and will make a decision based on what would be in the best interest of the minor child.

I wish you and your friend the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13533
Experience: Licensed experienced Attorney
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