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I just got served (by forwarded mail) from my ex husband seeking

a modification in custody. I...
I just got served (by forwarded mail) from my ex husband seeking a modification in custody. I was awarded full custody with no visitation to my ex husband almost 6 years ago.(due to sex crime against step daughter) This was awarded in California and I have since moved to Florida. In his complaint he is indicating that I failed to notify him or the court of my relocation. I didn't know that in the case that I had sole custody that I would have to notify all parties. We now have mediation set in California and he is requesting 730 evaluation. How likely is it that the courts would require me to bring my daughters back to California for such a request given we reside on the other side of the country? In addition, would it be possible for me to get a change of venue if the courts think I failed to notify?
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Answered in 6 minutes by:
7/14/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Were you served by personal service with your ex-husband's Petition to Modify Custody?

How exactly did you find out about it?
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Customer reply replied 4 years ago


They mailed the letter to my in law's house. It came regular mail. I initially thought they either had to notify me by personal service or certified mail but I don't want to take the change of not showing up and a registered sex offender get some sort of rights back. He is requesting joint legal custody with phone/internet access. My daughters have had ZERO contact by phone or in person for 6 years. They have been enrolled in Florida school systems for 1.5 years. I am unsure if I need to retain an attorney in Florida or California.

Dear Tiffany,

Thank you for your follow up.

Since your children had moved with you to Florida, any Petition to Modify Custody or Visitation would have to be filed in Florida, as it is the Florida court that has jurisdiction over the child custody of your minor kids.

Also, if you did have sole legal custody and no visitation for your ex-husband, you would not be required to notify your ex about your children's' whereabouts, unless specifically ordered to do so by the court.

However, the best way to address this situation, is for you to consult and retain a local child custody attorney in California and this attorney will be able to either get your ex's petition dismissed or transferred to Florida, where a sex offender father who has not seen his kids in 6 years would generally have a very slight chance of obtaining any type of visitation, let alone custody of the kids.

I wish you the best of luck!
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Customer reply replied 4 years ago

Have you heard of fathers getting telephone/Skype visitations? I couldn't see how that could be healthy for a child. Also, do you see an issue with the proof of service that would prevent the judge to make any actions on the case? In which case, I could go and retain a Florida lawyer and apply for a change in venue.

Dear Tiffany,

Thank you for your follow up.

1) It is not common for parents to get telephone / skype visitation, however the courts have ordered such visitation / contact in the past.

2) The service clearly appears to be improper, as such Petitions require personal service, however it is important not to assume that California court will simply won't process with the review of this Petition based on the lack of proper service, as such improper service would need to be brought up to the judge's attention.

3) It would be a good idea to consult with both California and Florida child custody attorney to cover all legal angles.

I wish you the best of luck!
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Dear Tiffany,

Do you have any related follow up questions?
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Customer reply replied 4 years ago


I am sorry. You had addressed that. I had missed it. Thank you for your time.

Dear Tiffany,

I wish you the best of luck.

Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
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