Saturday, October 31, 2009

I need to file for visitations i recently moved from texas to florida. my child still lives in texas where tof

i recently moved from texas to florida. my child still lives in texas where do i file at
Answers:
You will have to file in the county, state your child lives in.
Generally, you must file at the court in which the last custody hearing or variance of a custody order was held. According to your post, that would be somewhere in Texas. It can usually be done by mail, unless the custody hearing was a particularly contentious one. Yep, if your child is in Texas, you should fine in Texas anyway. Call the courthouse in your area just to be sure, okay? They'll have people there who will know. Good luck!
Just a point of order. Court personnel are NOT ALLOWED by law to give legal advice. Asking them where you need to file crosses the line of information to legal advice.

If the child still lives in the state that issued the original or subsequent order, then that's where you file. Otherwise, "Home state" rule applies and you can either file in Florida and have the courts determine jurisdiction or ceed jurisdiction to the home state of the child.

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