What State Has Custody Jurisdiction

[vikkie3]

I don't thik I'm being Tetchy. I'm just getting tired of being told that I don't understand what I'm being told. Your telling me that you're not an attorney, so what are you? It's funny that we've been told by more than one attorney that Florida shouldn't have any jurisdiction due to not enough time there for residency. My friend just can't afford the fee for any of them. What she needs is an attorney that will help her that she can afford. She would have to find someone with a low retainer fee and small payments from there. She is also very willing to try to help and research any way she can. So, maybe you could just point us in the direction of an attorney that she can afford because you aren't really giving any advice other than what she already knows. You could at least explain why the 6 month residency requirment doesn't apply to her and why the court is not considering the emotional trauma the children will suffer if they are taken from her and given to someone that they barely even know. I would really like to understand the reasons for that. If she could have afforded an attorney in the beginning, she wouldn't have this problem, and I wouldn't be on here trying to get some help for her. Sorry, but we are very frustrated and feel that the justice system is only interested in whoever has the money to have their case represented. I'm getting the distinct impression that she should not have shown up in court at all, but she went because she thought she had to. That's what it sounds like you are saying. If not, then what should she have done when her husband served her the papers so that she wasn't giving Florida jurisdiction?

[gam]

I don't thik I'm being Tetchy. I'm just getting tired of being told that I don't understand what I'm being told. Your telling me that you're not an attorney, so what are you? It's funny that we've been told by more than one attorney that Florida shouldn't have any jurisdiction due to not enough time there for residency. My friend just can't afford the fee for any of them. What she needs is an attorney that will help her that she can afford. She would have to find someone with a low retainer fee and small payments from there. She is also very willing to try to help and research any way she can. So, maybe you could just point us in the direction of an attorney that she can afford because you aren't really giving any advice other than what she already knows. You could at least explain why the 6 month residency requirment doesn't apply to her and why the court is not considering the emotional trauma the children will suffer if they are taken from her and given to someone that they barely even know. I would really like to understand the reasons for that. If she could have afforded an attorney in the beginning, she wouldn't have this problem, and I wouldn't be on here trying to get some help for her. Sorry, but we are very frustrated and feel that the justice system is only interested in whoever has the money to have their case represented. I'm getting the distinct impression that she should not have shown up in court at all, but she went because she thought she had to. That's what it sounds like you are saying. If not, then what should she have done when her husband served her the papers so that she wasn't giving Florida jurisdiction?

What she should have done really does not matter now, I'm not a lawyer but I think it is to late to do anything about jurisdiction. She had to show to court in Florida, she should have filed to have it dismissed though, as the children were not residents of Florida, she may or may not have won on jursidiction to begin with. But she didn't and it is most likely to late for that. She must show to any further hearings in Florida, no showing to court puts you in default of that court and her ex will get what ever he is filing.

She is going to need a lawyer in Florida, not one from Michigan. I'm in Michigan, so I don't know Florida, however many lawyers in Michigan will work with you on the money. But she will need that retainer and there is usually not much negotiating on the retainer amount. But they will work with you on payments for their fees after that retainer. I suggest she get on that phone and start calling around in Florida and see if she can find one there that would work with her. I have many family members in split situations with little money, who have found many lawyers that are willing to work with them. The retainer amount, a few bucks here from this person and a few from that person, saving every penny she can, can quickly lead to that retainer amount.

It's ok to be frustrated however try hard to not let it come into your posts, people here are only try to help with what a person has going on already in there case, we can't change the facts of the case already in progress.

[Dogmatique]

I don't thik I'm being Tetchy. I'm just getting tired of being told that I don't understand what I'm being told. Your telling me that you're not an attorney, so what are you? It's funny that we've been told by more than one attorney that Florida shouldn't have any jurisdiction due to not enough time there for residency. My friend just can't afford the fee for any of them. What she needs is an attorney that will help her that she can afford. She would have to find someone with a low retainer fee and small payments from there. She is also very willing to try to help and research any way she can. So, maybe you could just point us in the direction of an attorney that she can afford because you aren't really giving any advice other than what she already knows. You could at least explain why the 6 month residency requirment doesn't apply to her and why the court is not considering the emotional trauma the children will suffer if they are taken from her and given to someone that they barely even know. I would really like to understand the reasons for that. If she could have afforded an attorney in the beginning, she wouldn't have this problem, and I wouldn't be on here trying to get some help for her. Sorry, but we are very frustrated and feel that the justice system is only interested in whoever has the money to have their case represented. I'm getting the distinct impression that she should not have shown up in court at all, but she went because she thought she had to. That's what it sounds like you are saying. If not, then what should she have done when her husband served her the papers so that she wasn't giving Florida jurisdiction?

Yes Vickie, you're being tetchy. You're actually lucky people answered at all given that this is not your legal business to begin with. With that said I do understand the frustration - let's just try to rein it in a bit, eh?

So, let's try again. I explained already, and MKIA said the same thing - and he IS an attorney. Okay?

To simplify: Dad filed in Florida. As soon as she was served, THAT is when she needed to have objected. She should have filed immediately to have the case dismissed for lack of jurisdiction. Not now, not months after litigation has been over and done with. She AGREED to Florida having jurisdiction because she didn't object. Your interpretation is also incorrect (if I wasn't clear, I apologize) - if she hadn't have turned up in court she would have also tacitly agreed to Florida having jurisdiction. It would have amounted to one and the same thing unfortunately for Mom.

Florida is also very helpful to self-help litigants; she should check with the county resources (many are available online). But given that she's already disobeyed an order from the court and has refused to return the children to FL per the court order, I'm not sure she can successfully fix this herself. Whatever her reasons for not returning the children, she is - literally - giving the FL court system the middle finger, and worse, it wouldn't be difficult for a judge to perceive this as her deliberately trying the thwart the relationship between the kids and the other parent.

Isn't there any way you, family, friends, ANYONE can loan her some money for an attorney? I hate suggesting this, but taking out a loan? Borrowing against a 401k?