Q: i was a TN resident for 5 mth, returned back to FL (my home state). Do I file for divorce/custody of child in TN or FL?
Left do to emotional/verbal abuse and finding out husband was having an "emotional" affair, possibly adultery. We moved to TN 2/28/16, got ID's in mid March/2016. We have one child together, my other child is from a previous relationship. I fled for the safety of myself and children back to FL, my home state, also the state of our marriage. I surrendered my TN id 7/22/16 to become a FL resident again. I changed my address and registering my 10 year old in school as well as trying to get my 4 year old in VPK, in FL. My husband claims TN is our state of residency and we have to file there. Prior to TN we resided in GA due to him being in the military (the last year of living in GA he was not in the military any more due to a medical discharge), neither of us changed or ID while living there. His home state was Chicago, mine was still Florida. I'm confused as to where I file for custody/divorce....FL, GA or TN?
A:
Jurisdiction to decide custody is the "home state" of the child. That means the state where the child lived, with a parent, for at least six months. It appears that Florida was the child's home state once, but if the child lived in Georgia for at least six months, the home state would be there.
For a Florida dissolution (what Florida calls a divorce), you personally need to reside here for six months as well. Remember, while it is the same length of time, it is different criteria for the divorcing spouse than for the child. While such things as getting a state ID card, etc. may be evidence of your residence, they are not conclusive. So it may be that, despite your Tennessee ID card, you may not have effectively established residence there. And you may not be considered a Georgia resident either; military status sometimes negates what would otherwise be the establishment of residence.
So you may need to wait until you have reestablished Florida residence and the child's home state is again Florida before you can file for dissolution & custody here. I suggest you contact an attorney in Florida for advice on these matters.
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