Fort Walton Beach, FL asked in Child Custody for Florida

Q: I live in the State of Florida my husband lives in the state of Indiana we have a two-and-a-half-year-old child together

I received a notice from superior court 1 in elkhart indiana for 4-24.do I need to be there in person?Also said child was with me in Florida for 5 months so I let him go see his dad for 5 months.now can I bring him home on agreed upon return date.he has been there 5 months.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You need to ask this question in "Justia › Ask a Lawyer › Indiana › Child Custody" because evidently your husband has filed a custody-related lawsuit in Indiana. The Uniform Child Custody Jurisdiction and Enforcement Act is the law in both Indiana and Florida, and it may apply. It provides that a child's "home state", for jurisdiction purposes is where her or she has last lived for six months. It is not clear from what you have written which state that would be. You need to contact an Indiana attorney ASAP.

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