How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask MIAMILAW1127 Your Own Question
MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
Type Your Family Law Question Here...
MIAMILAW1127 is online now
A new question is answered every 9 seconds

My ex husband and I divorced a couple of years ago but have

Customer Question

My ex husband and I divorced a couple of years ago but have been seperated 5. In the divorce none of us filed for custody and I have done everything to help my son see his dad in florida. I sent my 7 year old to see him winter break and I just got a call from the father saying that he found out disturbing things and he went to court in Florida for custody of my son. My son resides in NY can he do this from FL or can I get this transferred to NY?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Also when my ex and I seperated he abonded the home leaving to florida leaving me with all bills and burden never gave child support for 2 years and didnt see his son for over a year for the first time. Now that he married the person he comitted aduldery with and has a daughter he wants to take my son. His parents are pastors and I think he is one too but its a very obsessed cult like environment. My son is autistic and is very literal when he comes from visits from florida I have to deprogram him because he is scared everything will send him to hell.
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Basically, the court that originally determined child custody would retain exclusive and continuing jurisdiction over any and all issues arising out the custody of the child.

I hope this helps. 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. Thank you.

Customer: replied 1 year ago.
well he initiated the divorce but the judge never granted anything on custody he divorced us he set a child support amount but never determined custody. Now he want to file for it in Florida but my son has been residing in NY since he was 1 and he is now 7. Can I file anything here to counter act his case?
Expert:  MIAMILAW1127 replied 1 year ago.

You can file a motion requesting a change of venue to New York since that is the residency of the child.

Customer: replied 1 year ago.
Ok so how do I go about doing that do I have to wait to receive the paperwork from him in Florida and go to Family court here in NY? where to I begin to file a motion and I am assuming I would need a lawyer but how to afford one legal aid I wont qualify and I dont make enough for a regular lawyer
Expert:  MIAMILAW1127 replied 1 year ago.

Has he filed in Florida yet?

If not, you can beat him to the punch and file in New York first.

If he has filed in Florida already, then you would need to file the motion for change of venue in the Florida court where he filed the action.

That's going to be difficult if you're caught in between both scenarios (not qualifying for legal aid and not making enough to afford an attorney). You may need to represent yourself pro se (without an attorney).

Related Family Law Questions