Q: I am unsure about jurisdiction in a child support/custody case.
I raised my daughter and had sole custody until she was 14. We lived in MN. When she turned 14 her father, his girlfriend and their young son moved from MN to Cape Coral, FL. After the move, they convinced my daughter to move down to FL. I agreed that she could try FL for one year. I had hoped that she would want to move home, however as conflicted as she was making these big decisions, she decided to stay. I tried for over a year to find a job in the area and finally got a job in Naples that I took. I left MN and moved down here for the past 7 months. I was served child support papers from Lee County FL yesterday. I really don't know how to respond. I was told by the judge in MN that jurisdiction would always remain in MN. Is this true? Or does FL automatically have jurisdiction?
A: As far as custody is concerned, the judge in Minnesota was referring to the Uniform Child Custody and Jurisdiction Act, which is law in both Minnesota and Florida. There is an exception, however, when neither party to the original custody decree is still in the state where the custody decree was entered. Thus, since neither parent still lives in Minnesota, the Florida courts could entertain an action to modify custody.
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