Q: I been living in PR since Nov. w/my daughter. My ex lives in FL & is wanting to file divorce would he have to file here?
I have had my 2 year old under my care since she was born. I have been on and off with my husband the father of my daughter for the past two years. We actually only lived together under my parents household in FL for 5 months since our daughter was born and then we have been separated. I finally decided to leave FL when my parents sold there home over there and I came to PR to live with them. I had truly no other option since the father hasn't been consistent with supporting his daughter nor debts we acquired together. He is now wanting to file divorce and stating I would have to go back to Fl. I'm not in agreement with the divorce and he also had taken my information trying to file an uncontested divorce online through complete case. However, I found out what he was up to and I informed him I'm not in agreement with divorce and I'm not in agreement with 50/50 custody. Can he court order me to return to Fl? Or since now I and his daughter reside in PR would he have to file here?
A: November was about three months ago. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in Florida, the courts of this state have jurisdiction to award custody, because the child has not been in Puerto Rico for at least six months. Puerto Rico has not adopted the UCCJEA.
So it's possible that the Florida court could order you to return the child to Florida.
I suggest that you find an attorney in PR who is also admitted to practice in Florida.
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