I see. Well understand that I am only getting one view of the matter - your point of view. There is also your attorney's view, the court's view, and the father's view. So I am going off strictly what you are telling me.From what you are telling me
, one may be able to challenge jurisdiction
, but there are a lot of nuances:
1) Whether or not the answer has been filed (if it has been, it may be too late to challenge it) and how long the proceeding has been ongoing;
2) Whether or not visiting FL twice is enough to consider the child having ties to it (if so, jurisdiction stays in FL);
3) Various other nuances we/I may not be aware of.
While Bolivia is not a member of the convention, a court in the USA will generally recognize a foreign judgment based on "comity
" (doctrine of fairness, proper rights for both parties in court observed, etc).
However, while US may recognize Bolivian judgment, there is no guarantee of Bolivia recognizing a US judgment.
But even if that, if the jurisdiction is successfully challenged and the FL Court states "this must be filed in Bolivia"), the Bolivian court will likely simply take the case if a new case is filed in Bolivia...
In summary, there may be a chance, but because your attorney had more facts and is actively working the case, their opinion carries more weight. So my opinion of there perhaps being a shot (with the caveats listed above) is just that - an opinion.
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