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  1. #1
    Join Date
    Aug 2010
    Posts
    4

    Unhappy Custody Actions Filed in Two Counties - Which Has Jurisdiction

    I filed a petition to modify shared visitation with hillsborough county, fl on Aug. 13. Because my ex lives in another county in fl (same as my mother), I mailed her copy of the docs and service notice to my mother, and asked my mother to take the docs to the sherriff's office for serving. She's did that Aug 18 and according to my ex, she has not received them. Trying to be nice and prevent a "bombshell", i told my ex on the phone, that I did file a modification and she'd get it next week. Apparently she didnt' like that, so she filed an emergency montion ex-parte for temporary custody in polk county with another modification (knowing I'd already filed one prior in Hillsborough County) claiming im providing porn to my 11 year old, that my 11 year old is suicidal to return to my house and has been provided with military weapons to act upon it.

    And that me and my current wife are raging alcoholics and drunk drivers. All of the above couldn't be further from the truth, and somewhat comical, my current wife and I have never been arrested for anything, but my ex's current husband HAS been arrested twice for public intoxication and three times for dui. I was served with this ex-parte notice and modification on Aug 18. The ex told me there is a hearing set for Aug 27, in polk county regarding the matter. She obtained an attornery whom I've called twice notifiying him I previously filed in Hillsborough county, but he has never returned my calls. Saying all that, I have two questions:

    1) Should this case be determined in Hillsborough County (filed 8/13, but not served upon her yet..hopefully today) or in Polk County (filed 8/17 and served to me 8/17).

    2) How does one fight this and get custody of my son back? (on last document I have primary residential parent). He spent one year with me and then asked to spend a year with his mom (last year). I agreed, hesitantly, but wanted him to see grass wasn't greener over there. He asked to come home in middle of school year, and I thought it was best he finish the school year and accept the choice he'd made. But it was every intention he'd return home to me this school year and attend school in Hillsborough County.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Custody Actions Filed in Two Counties - Which Has Jurisdiction

    Which county was the original order issued in?

  3. #3
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Custody Actions Filed in Two Counties - Which Has Jurisdiction

    I filed on Friday, Aug. 13 in Hillsborough County. Once my former wife found out, she filed in Polk County (both in FL) on Aug. 17. Do I respond to her filing, and simply deny her requests and motion for venue be in Hillsborough County where I filed first? Not sure what forms to fill out to challenge venue/jurisdiction? THanks so much for your help.

  4. #4
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Custody Actions Filed in Two Counties - Which Has Jurisdiction

    I filed in Hillsborough county on 8/13. She found out and filed in Polk county on 8/17 (both counties in FL). I believe I should have venue in Hillsborough County, but I'm unaware of what forms to file to have Polk county case dismissed and venue put in Hillsborough where it belongs.

    On another note, she filed emergency ex parte notice that I'm abusive and a drunk (both untrue) and now I have to go to court tomorrow to prove her false. I have lots of evidence. Can I bring it to court tomorrow or do I have to send copies of the evidence to the opposing attorney and judge today?

    Thanks for all your help.

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