If I want to file for sole legal custody of my child, do I it in the county I live in now or the county where I was divorced in?

Child Custody 2 views 4 answers
I already have sole physical custody and my wife only has supervised time- sharing. I want to file for sole legal custody because because she is currently back with her husband who is a registered sex offender. What county in Florida do I need to file the paperwork in?

Attorney Answers

4
Alan Brinkmeier ·
The child is under the jurisdiction of the county where s/he lives.
0 upvotes
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
If you are filing for a modification of parental responsibility and/or timesharing, you will need to file a Supplemental Petition for Modification. You will also need to properly allege and prove that there has been a substantial, material and unanticipated change in circumstances since the final judgment was issued. Please let us know if these answers are at all helpful by hitting the helpful button.
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Steven Miller ·
First, you are using incorrect terms - Florida no longer uses the word custody although I understand what you mean. Second, venue may be proper in several counties. So, before doing anything, you really do need to talk to a lawyer or you will surely make mistakes. The fact that she is back with her husband, a sex offender, is an important issue for the court to consider. The question is, what do you want the court to do? Do yourself a favor and contact a lawyer. Many of us that work in your area offer FREE consultation. Take advantage.
0 upvotes
David Carroll ·
I do advise you to speak with an experienced local attorney to assist you. You will need to file a supplemental petition for modification. You could file it in the county that had your case previously since there may be a history there. If it has been a while since the last court proceedings, then you may want to file in your current County. Of course, Florida is a very large state and their many miles between some counties. If it is a next-door County it may be just as easy to keep in the court it has been in. Otherwise you could file in your current County. Please speak if you do not hire an attorney please speak with the clerk when you go to file and make sure they're aware that the case it previously been handled in a different County. I wish you all the best. David A. Carroll, Pensacola Please let me know if this answer is helpful by hitting the helpful button here.
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