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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36125
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My original divorce/custody case was filled in Dallas county

Customer Question

My original divorce/custody case was filled in Dallas county back in September of 2011. My children's aunt currently has them in Ormand Beach Florida where they have been since 2011. What county do I need to find a lawyer in to change custody?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Kristine,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under Federal Law, the county in the state where the children have resided at least 6 months has jurisdiction to rule on a custody matter. Let me explain.

The Uniform Child Custody Jurisdiction And Enforcement Act,("UCCJEA"), dictates that once a parent and their children reside in a given state for 6 months, that state acquires jurisdiction over the children for purposes of resolving all custody issues. That means that any petition for modification of custody must be filed in the state where the children have resided for at least 6 months.

You will need to file your custody motion in Florida in the county where the children have resided for the past 5 or so years.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,


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