Jacksonville, FL asked in Child Custody for Florida

Q: If someone has filed a custody case in a New York, Your in FL though, but they haven't served you..can you file?

I'm in FL he's in New York, he filed the papers but didn't serve me yet so I am trying to see if I can do it once I hit my six months down here

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

A: The court in New York would have jurisdiction, assuming that the child had been in New York for at least six months when the child's father filed there. It's where a complaint seeking custody was first filed, not whether you were served, that matters. If you subsequently file in Florida, your case should be dismissed because the New York case is pending there.

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