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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8944
Experience:  Experienced Family Law Attorney
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I am an attorney in Arkansas. Filed divorce and child

Customer Question

I am an attorney in Arkansas. Filed divorce and child custody here. Mother and child here. Father in flight school in Florida. Got service on him, he filed same in Florida after. I am objecting to jurisdiction in Florida. Can I file answer just objecting to exercise of jurisdiction there with all relevant paperwork and quoting uniform child jurisdiction act. Someone told my client I cannot until I file
As hoc something, and pay 350.00. Can you please advise.
Sincerely,
Iris Muke
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

One has to be extremely careful in jurisdictional disputes; if one contacts the court or files any papers, that is considered a consent to jurisdiction.

Each state has what is called a "special appearance" which allows an attorney licensed in that state to make an appearance and file papers challenging the jurisdictional issue.

The jursidictional issue may be challenged on 2 fronts:

the first to file - one court will decline jurisdiction if another court already has the case.

UCCJEA - the child's "home state" is the proper jurisdiction. The UCCJEA requires a form to be filled out attesting under perjury to the child's home address, along with a statement that no other pending child custody cases are in any other court of law.

Please see a portion of the form below: (if one presents false evidence to the court, in addition to possible perjury charges, one can be liable for attorney fees and costs incurred as a result of the false information -ie attorney fees to challenge jurisdiction)

Participation in custody or time-sharing proceeding(s):
[ Choose only one]
___ I HAVE NOT participated as a party, witness, or in any capacity in any other litigation or custody proceeding in this or any other state, concerning custody of or time-sharing with a child subject to this proceeding.
___ I HAVE participated as a party, witness, or in any capacity in any other litigation or custody proceeding in this or another state, concerning custody of or time-sharing with a child subject to this proceeding. Explain:
a. Name of each child:
b. Type of proceeding:
c. Court and state:
d. Date of court order or judgment (if any):

3. Information about custody or time-sharing proceeding(s):
[Choose only one]
___ I HAVE NO INFORMATION of any custody or time-sharing proceeding pending in a court of this or any other state concerning a child subject to this proceeding.
___ I HAVE THE FOLLOWING INFORMATION concerning a custody or time-sharing proceeding pending in a court of this or another state concerning a child subject to this proceeding, other than set out in item 2. Explain:
a. Name of each child:
b. Type of proceeding:
c. Court and state:
d. Date of court order or judgment (if any):

4. Persons not a party to this proceeding:
[Choose only one]
___ I DO NOT KNOW OF ANY PERSON not a party to this proceeding who has physical custody or claims to have custody, visitation or time-sharing with respect to any child subject to this proceeding.
___ I KNOW THAT THE FOLLOWING NAMED PERSON(S) not a party to this proceeding has (have) physical custody or claim(s) to have custody, visitation, or time-sharing with respect to any child subject to this proceeding:
a. Name and address of person:

( ) has physical custody ( ) claims custody rights ( ) claims visitation or time-sharing
Name of each child:
b. Name and address of person:

( ) has physical custody ( ) claims custody rights ( ) claims visitation. or time-sharing
Name of each child:
c. Name and address of person:

( ) has physical custody ( ) claims custody rights ( ) claims visitation or time-sharing
Name of each child:

5. Knowledge of prior child support proceedings:
[Choose only one]
___ The child(ren) described in this affidavit are NOT subject to existing child support order(s) in this or any state or territory.

___ The child(ren) described in this affidavit are subject to the following existing child support order(s):
a. Name of each child:
b. Type of proceeding:
c. Court and address:
d. Date of court order/judgment (if any):
e. Amount of child support paid and by whom:

6. I acknowledge that I have a continuing duty to advise this Court of any custody, visitation or time-sharing, child support, or guardianship proceeding (including dissolution of marriage, separate maintenance, child neglect, or dependency) concerning the child(ren) in this state or any other state about which information is obtained during this proceeding.

I certify that a copy of this document was [Choose only one] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} .

Other party or his/her attorney:
Name:
Address:
City, State, Zip: _______
Fax Number:

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: ______________________

One moment please.

Expert:  LegalGems replied 1 year ago.

This state bar article discusses special appearances, and the risk one runs by making a general appearance - http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/bcd5d20767c6377b85257c1200466fae!OpenDocument

Expert:  LegalGems replied 1 year ago.

Typically the case is dismissed by filing a Motion to dismiss, via a special appearance.

Any request for attorney fees would be brought in the state court that has jurisdiction, because a party can not request relief from the disputed jurisdiction without subjecting themselves to the jurisdiction of that court.

So as you can see, it is important to hire a local attorney (FL) to challenge the jurisdictional issues in order to prevent assenting to jurisdiction by mistake.

Expert:  LegalGems replied 1 year ago.

--------------------------------------
Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

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