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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89704
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My case was dismissed and then my childs father had it re-instated

Resolved Question:

My case was dismissed and then my child's father had it re-instated in Tx. Both the child and I live in FL. I wasn't notified of the last hearing and there was a default judgement. He contacted me last night saying he was in FL, had the order and was going to ge the police. What do I need to do. My atty in dallas did file a motion to set a side the judgement yesterday.
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
Before the order from TX can be enforced in FL it must be filed in the FL court and the FL court must recognize the foreign judgment. Thus, if the police show up because they fail to recognize that, you need to tell them that the judgment is a Texas judgment that has yet to be recognized by the FL courts. I also suggest you get a local attorney in FL just in case he decides to try to file in FL to have the judgment recognized as a foreign judgment you can get to court to stop him.


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Customer: replied 5 years ago.

Most courts are closed on weekends? So I imagine it can't be done today.

Also, how would I find out if he had been filed in FL courts? Is it as simple as his atty faxing something to the clerk of courts in FL? Wouldn't I have to be notified that the judgement was filed?

Expert:  Law Educator, Esq. replied 5 years ago.
He would have to file a Petition to Recognize Foreign Judgment, generally in the superior court where you are residing, and the case would have to be heard by the court and you should be served with a notice (that is if your ex is on the level which it appears he is not and that is why I suggested lining a lawyer up on Monday).
Customer: replied 5 years ago.
So as for this weekend if he and the police showed up just tell the police the order is not recognized here in FL? If that doesn't work and the police still ask me to produce the child, and I don't, could I be jailed for parental kidnapping?
Expert:  Law Educator, Esq. replied 5 years ago.
Most police know the judgment must be a FL judgment to be enforced by them, but there are a few out there who have no clue. If they show up and demand you produce the child you are in a difficult spot and would have to comply or they could take you to jail. I would suggest perhaps going to stay with a friend for the weekend where he would not know where to look and deal with this Monday when the courts open up.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89704
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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