Child Custody from another state

Trish - posted on 11/05/2009 ( 6 moms have responded )

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I read all the blogs about domestic violence and seeking primary custody, but I have a granddaughter who has been in Florida for 4 months with her 2 year old. The plan was for her husband to sell the house in Montana and move down her to be with her and their daughter. After she was here 2 months, he decided he wanted a divorce and has threatened to get custody of their daughter. My granddaughter is pregnant with their 2nd daughter. She does not want to move back to Montana because of his family. Her whole family lives down here and we support her as much as we can. She has a job and she and her daughter have settled in. There was violence in the home when they were together, but he never hit my granddaughter. He took to putting holes in the wall, name calling and being very controlling. Does anyone know of her chances to remain in Florida with her daughters. She will be in Florida 6 months a month before the new baby is born. Please give some advice.

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Isobel - posted on 11/05/2009

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I don't know how it works in Florida or Montana, but in Canada (where I live) the person who files for custody must do so where the child holds permanent residence. That means that he would have to file in Florida if that's where the children live. You should look into the laws and see if they are the same there. We also have, just outside our family courts, family law information centres...these can be very helpful in letting you know how the system works before forking out thousands of dollars for a lawyer.



good luck!

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Isobel - posted on 01/15/2011

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since this post is from November 09...the issue's probably resolved by now... how far did you did back for that?

Christina - posted on 01/15/2011

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She will be fine. Once she has lived somewhere for 6mnths, no court will make her move because she is established. Not only that, but he allowed her to go! They were MARRIED when she left. Her best bet would be to file for divorce first, and file in Florida. This will make him have to come there for the divorce and not the other way around.

Gwen - posted on 11/12/2009

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she needs to file so that all of the court hearings are where she lives. if husband files, she'll have to travel back and forth to Montana for court.

Robin - posted on 11/12/2009

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Here in Ky, if the child lives here for 6 months they are considered a resident. So the custody would have to be filed here. We are going through this now with my granddaughter. Her father is in LA, but their custody must be filed here in KY. Does she have any proof of the abuse? Like an EPO, or a police report? Tell her to go now and file for custody, before he does. GL

Isobel - posted on 11/05/2009

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ps: Don't let her get too worried about him wanting custody...they all say they do...not too many of them act on it.

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