Q: What state is emergency temporary custody to be filed?
My daughter has an active open case with social services in NC. She has recently asked me to come take the kids till the end of the school year while she gets her life straightened out. I sent her sister, my other daughter to pick my grandchildren up. The same day my father was in an accident & in ICU & I needed to be in FL immediately. I took my grandaughter & came. Now the mother states she wants the child back. After speaking with child I have learned of several new incidents of abuse & have already had in my custody my grandchild on 3 occasions before. States she refuses to return home & I dont want her to either. I have filed for temporary custody in FL, awaiting the mother to be served & enrolled the child into school. The mother is now claiming I have kidnapped the child. I am & will now be staying in the state of Fl as my primary residence as my father is still in ICU & will be needing my help once he is released.
A: Florida may have what is considered "emergency jurisdiction" under the UCCJEA; however, from what you write, it appears that the children's home state is North Carolina if the children regularly reside there. In the event something is filed in NC and that is the children's home state, then under the UCCJEA, NC would have the ability to make determinations in regard to the minor children.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
