Seminole, FL asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida

Q: Can I change jurisdiction of custody and child support from WV to FL. This is a dom violence situation, we have 2 kids,

Out of my and my families fears, and being turned down 2 times for restraining order. I was granted the motion to move to FL to be close to my mom. However, my eldest (who has special needs) wanted to stay with his grandparents (ex’s parents). Although it was hard, with his history (my son) of becoming violent to his brother and the brother do not want to live together, My ex husband has now moved into his parents house due to issues with his alcoholism and as recently as 3/23 he took a handful of pills, video taped it and sent to his girlfriend saying he was killing himself. While black out drunk. He ended up in ICU, unconscious and hooked up to a ventilator. He is ok now, but we have joint custody and I have physical custody of the 9 year old and he for the 14 year old. Although he doesn’t take care of him, his parents pay all expenses and take care of my eldest. I want to take physical,not custody. From ex and gv to grandparents.?

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No, you can't "change jurisdiction". The Uniform Child Jurisdiction and Enforcement Act, which has been adopted by both states, would require that jurisdiction remain with the West Virginia court.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: The only possible way to "change jurisdiction" is to petition the West Virginia court now having jurisdiction; look at any of the many court documents you have to find out where the W. Va. court is, and then call the clerk of that court.

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