Thank you. I appreciate your patience. Under the Uniform Child Custody
Jurisdiction and Enforcement Act, the parent can initiate a custody dispute where the child has last lived for 6 or more months. So if she has lived in FL for 1+ year, he can file in Florida for custody arguably. The Court decides on custody based on the rule of thumb of "best interest of the child
." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree to this. However, even if he gets a judgment, it may be hard to enforce it in Haiti, because the Haitian court may not recognize the US decree and demand that he files anew in Haiti. If he does not file at all in Florida by around June 2016 (or whoever long it has been since she has been back in Haiti for 6+ months), then Florida loses custody and he must file in Haiti. if so, Haitian law applies towards custody, giving you an advantage. Ergo, it may be better to stall until past June 2016. After that, a Florida court is likely to dismiss the case on motion of a party for lack of jurisdiction and refer it to Haiti, giving you an advantage. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.