In any divorce or child custody case, one of the most important preliminary decisions that must be made is choosing where to file the action. If you attempt to bring your case in a court that does not have what’s called “jurisdiction,” you may face many possible negative outcomes, including not having your case heard (and having it thrown out instead) or having your successful outcome reversed on appeal. Either way, you won’t get the relief you need if the court doesn’t have jurisdiction. When the time comes to choose the right court to pursue your case, talk to a knowledgeable Florida child custody attorney who can help you make the right selection.
An example of how this process can go wrong played out recently in a Second District Court of Appeal case. Rahul, a commercial airline pilot, and a husband and father of three, filed for divorce in Collier County in southwest Florida. Whenever you file for divorce, you have to make certain declarations in your petition in order to establish that the court has jurisdiction. One of these is that you have lived here for at least six months, which would make you a Florida resident for the purposes of a divorce.
The husband made such a declaration in his case. The wife, in her response, “admitted” everything in the husband’s petition, meaning that she acknowledged as correct all of the points in the husband’s filing, including the item of residency. She also consented to the entry of a marital settlement agreement and parenting plan that the couple had previously worked out.