Establishing Out of Home State Custody
My question involves a child custody case from the State of: Florida, Georgia
There is no current case open or filed. This is regarding my step sister, she first moved to Florida for a year or two, she had her baby about a year after moving to Florida. The child will be 1 year old August 24th. She moved (fled) to Georgia when the child was 8-9 months or so, her boyfriend was going out at night with other women, using drugs in front of the baby, and he verbally abused her to the point where she got on a bus and went to Georgia. When she left he began calling her then threatening her personal safety and, threatening to take her life, a police officer spoke to the father because she was about to take a TPO out on him, and he threatened the police officer also. He came back to Georgia and convinced her to move back to Florida with him, and she fell for it. Now that she is back in Florida, he is back on the same routine. She is wanting to move back to Georgia and file for custody, but everyone is saying that she has to file for custody in Florida. I've done some research and I know when there are cases of domestic violence, or anything that threatens the child's safety, exceptions are made. I forgot to mention that the father does drugs, (possibly in front of the child) and drinks alcohol, she does neither of which and she is wanting to get her baby away from that kind of lifestyle. The state may also make exceptions if the mother has "significant connections" to the state of Georgia, which she does. She was born here, and lived here most of her life, ALL of her family lives here, and the majority of the fathers family lives in Georgia.
Do you think there is enough reasoning for her to file in the state of Georgia, or will she have to file in Florida? Can she file for emergency custody? What are her options to get away from him and get her baby to a better life?
Thank you, and if you have any questions that might affect the outcome, please feel free to ask me.
Re: Establishing Out of Home State Custody
"She is wanting to move back to Georgia and file for custody, but everyone is saying that she has to file for custody in Florida." Who is "everyone"?
If they were never married she automatically has custody. He would be the one that would need to file for visitation if he wants to see his child when she moves back to Georgia. Is he on the birth certificate?
Re: Establishing Out of Home State Custody
I'm going to interpret you as saying (1) they've never married, (2) paternity has been legally established and the boyfriend is on the birth certiricate and (3) there has never been a custody or support order entered in relation to the child. If she does not seek custody in Florida, there will be a six month window during which her boyfriend can seek custody in Florid even if she moves to another state. If she wants to try to make a case that the child's brief absence from Florida breaks the home state connection with Georgia, she should consult a family lawyer with the full details - and also to discuss whether, due to the other factors in the case, the courts of the two states would continue to regard Georgia as the child's home state.
Re: Establishing Out of Home State Custody
They've never been married, he is on the birth certificate, though there is no dna test to prove he is the father, we're certain he is, and they've been together, so there are no cases opened. As for "everyone" the lady at the courthouse, and the fathers family. She cannot afford a lawyer/attorney