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Just trying to find out how to change child custody

Customer Question
Just trying to find...

Just trying to find out how to change child custody jurisdiction as the children and I have relocated due to a move away order.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I already have everything that I need done. I have a divorce case that should be complete within the next couple weeks, however, my ex husband is continuing to fight me for custody of our three minor children even though we have already went through the whole process for me to be able to move. This included a 730 evaluation

Lawyer's Assistant: Family law varies by state. What state are you in?

The original case started in California but I live in Florida now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have lived in Florida for almost 8 months

Submitted: 3 months ago.Category: Family Law
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Answered in 1 minute by:
3/22/2018
Family Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,183
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 3 months ago
Hello?!?
Family Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Family Lawyer: Nisha Jones,
 replied 3 months ago

Since you and your children have lived in Florida for at least 6 months or more, Florida now has the ability to claim jurisdiction over any custody or child support matters.

Since the case was originally filed in California, the courts there do have jurisdiction as well, however once the court is notified of the move you've made, and that you've been there for 8 months, the California courts can relinquish jurisdiction.

This is standard, based on the distance and inconvenience, as well as based on the length of time you've been out of the state of California now.

If your ex is still filing petitions with the court in California, you may need to have a California attorney notify the court of the matter, and of your change in residence, and ask that jurisdiction there be closed.

There shouldn't be any problem getting that motion granted.

Do you have an attorney in California from your prior hearings?

If not, then you can consider contacting the California State Bar and asking for a referral to a family lawyer in your former county where this case was originally filed.

Since this is a simple motion, and an attorney would be representing you in such a limited scope, the attorney's fees should not be too costly.

The phone number is:

***-***-****

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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