Domestication of foreign order


#1

Dear Mejia:

Greetings. I am sorry to hear about your husband’s continued problems with his ex. I would try to keep the action in Florida until the custody issues are resolved, and then move it to NC or VA. Generally, you need to wait for 6 months for jurisdiction. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks so much Janet for your help. We are now in NC. Last Friday while packing up the truck to move, my husband was served with an emergency motion ex parte from his ex. Now remember she resides in VA. and my husband is the petitioner in the open matters in Florida. In her motion she is requesting that the judge prohibit us from leaving the state of Florida because it would interfere with her visitation. She states that she intended to visit them this halloween. However, she made no plans what so ever with my husband to see the children for halloween. She continues to state that she believes the move is an attempt to flee Florida’s jurisdiction because of the open proceedings there that my husband brought forth. The current order specifically states that his ex is entitled to visitation in the state of Florida. There is a hearing set for the 1st in which my husband will now have to miss a day of work on his new job and suffer traveling expenses for this nonsense.

Where will it end,

~Jamie~


#3

Dear Mejia:

Greetings. My suggestion is to have your husband immediately file an affidavit ensuring that she can visit the children in Florida and he will bring them back to Florida for any of her visitations. I would also have him file a motion for sanctions against her, requesting travel expenses and attorney fees. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My husband, who has physical custody of his two children, moved from NY to Florida in 1999. His ex-wife has continually moved from state to state and county to county to avoid jurisdiction for him to modify the child support order. She now lives in VA. The custody order and child support order were just last month domesticated in Florida state. Which we have not yet received a final copy of the order. We were able to get long arm jurisdiction since she agreed to the children moving to Florida in the last custody modification. My husband has filed to modify both orders here now and she has just filed her answer this week. Here is our dilemna, my husband was just transferred out of state to NC. We are moving there this coming weekend. Can we still continue the modification process in Florida since NC will not obtain jurisdiction until we are there for 6 months or do we need to domesticate the custody order in NC and then try to modify the support order through VA? Should we ask for the court here to transfer these proceedings to NC or will we still need to wait the 6 months?

~Jamie~