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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118655
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On July 20 a hearing on jurisdiction for my wife and her two

Customer Question

On July 20 a hearing on jurisdiction for my wife and her two children ( my step kids ) was held in royal palm beach . The defendant lived in California but somehow produced a Maryland drivers license but admittedly had just been transferred there . Under oath he said he did not believe she and the kids lived here but they have lived here she is a homeowner and a taxpayer for five years with proof . She filed stalker charges on him in may . He works for the government and I think the judge is intimidated . Her office dies not return my wife's calls . What can we do ?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Yes - since April
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing else filed since the hearing July 20 2017
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
He is using his status as a federal employee to harass and intimidate the judge . She has lived here for five years her kids are excellent students in excellent health . We've been waiting for the judge to rule . We have a transcript of the hearing where HE LIED three times . My wife provided proof that she has lived here for five years school records housing etc ...
Customer: replied 1 month ago.
We think the judge is stalling
Customer: replied 1 month ago.
July 20 to decide if they are residents protected under florida family law ?
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 1 month ago.

Contrary to popular belief sometimes, judges are not intimidated by where someone works, even if they work for the federal government, as judges know which higher levels of federal government to go to and complain if they believe an employee is trying to intimidate them and a judge's complaint is enough to get him fired. So there has to be some other issue, such as the judge has so many cases they have not been able to get to your case.

Under FL law, if your daughter can prove the children have resided in FL at least 12 months, they are deemed FL residents. Under the law, if the original order was from CA (or from any state other than FL or MD, where you say he lives now), then the custody laws state that the CA court must either release jurisdiction or the FL judge must determine that not only are the children residents of FL, but that there is no longer sufficient contact with the original state by ANY of the parties, meaning he no longer lives in the original state and she and the children no longer resides in the original state, then the FL court can take jurisdiction under the uniform laws on child custody and support.

Based on the information above, the judge should find jurisdiction in FL with her and the children being FL residents and that if he no longer lives in the original state of the court order, that state no longer has jurisdiction. However, you need to check with the judge's court clerk to see where your case is in the judge's list of decisions and you will have to wait for the judge to issue their ruling I am afraid. If you file any motion demanding a decision or file a writ of mandamus to the appellate court to force a decision, it can cause the judge to not rule as favorably for you as they may have been getting ready to do (what I mean by that is if there is any gray area that could go either way they may go in favor of the other party on those issues).

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