Q: I just filed for divorce and notified my ex's lawyer to which she said they will object, challenging the jurisdiction.
I initiated a request for child support thru DCF and because my ex lives in Texas, the case was sent there for enforcement. However his hearing was deferred because he said he was filling for divorce, yet he never did. This occurred back in April. I never received any official paperwork from the court on any of this. This is just what I was told by his lawyer. Mind you I've lived, along with our 2 kids, in Florida for over 3 years now. Will they be able to challenge Florida's jurisdiction?
A: If you have lived in Florida for more than six months then you can file for divorce in Florida, even if he lives in Texas. An issue that could arise is did he file for divorce in Texas before you filed in Florida. Regardless, the children's issues will be resolved in Florida if that is where the children live.
Bruce Alexander Minnick agrees with this answer
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A: One cannot predict with certainty, but no; assuming your husband didn't first file for divorce elsewhere, it doesn't appear that your husband's attorney can successfully challenge the jurisdiction of the Florida court to award you a divorce, child support, and custody.
Bruce Alexander Minnick agrees with this answer
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A: Rule regarding the children: If you and the children have lived in Florida for more than six months (the answer should be yes because you said you and the children have lived here over three years) the Florida courts have jurisdiction over the children--regardless of where the divorce was filed. But be careful, because neither the Florida courts nor the Texas courts are very kind to any parents who pick up and leave the jurisdiction--taking the kids with them--just to be mean to the other parent.
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