Q: How can I transfer a family case from Florida to Nebraska and vacate judgement until details of case are heard in NE?
I am employed overseas and need assistance in a transfer of jurisdiction of case from Florida to Nebraska (where the children currently reside). At the time of getting served with a notification of a Motion or suite filed against me in Florida, I was in Texas with the children over Thanksgiving. Both parties have remarried since time of divorce and children currently reside in Nebraska with mother while father resides in Texas. I did not have the resources to retain 3 attorneys in three different states. And so I elected to represent myself. Due to “significant increases” in income, my child support obligation was increased with retroactive amounts due immediately. Ex-wife’s attorney used clever application of Florida procedural law to file a File a Motion for Contempt to attach a Petition for Modification to. All along, jurisdiction of this case should have been transferred to Nebraska in 2019 when mother and children received military orders to Omaha, Nebraska.
A: The originating Court retains exclusive and continuing jurisdiction unless the case is moved, which requires a number of steps. The originating court (which I understand to be Florida from the facts stated here) would be the proper court to file in unless or until the matter is moved. To move the case would require a motion and moving the case is not a guarantee. To transfer the case from Florida to Nebraska if there are pending modifications/contempt actions there, you would need to file the Motion in Florida court with a FL licensed lawyer and have that granted, then file a brand new case in Nebraska to register the foreign judgment. If the opposing party wants it to remain in FL, the transfer will need to be litigated there first. If there are no current cases going on, you may be able to register the FL orders in NE unless the other side objects. Your best bet is to set up a consultation with an attorney who regularly does these matters in both states to determine whether and how to proceed. Best wishes!
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.
