Wife leaves State w/child, then files for divorce & custody

[CABoggs]

My wife and I lived in the state of Kentucky. We agreed to seperate for a few months hoping to work things out. She left Kentucky with our son and moved in with her parents who reside in Florida. Prior to her leaving we both verbally agreed if we could not work things out we would do physical joint custody of our son. She left Kentucky in July 2000 and filed divorce papers in November 2000 in Florida without my knowledge. She has now turned everything around and is refusing physical joint custody. My son is only 19 months old. Myself and my mother were his main caretaker from birth (Sep 1999 to July 2000), since I worked nights and cared for him all day with the help of my mother when necessary and she worked days and could only spend apx. 2-3 hrs a day with him.As I will not agree to sign the papers the court has assigned a mediator on 4/24/01. What are my rights since she filed in Florida and I reside in Kentucky? Could she legally file in Florida since our residence was in Kentucky?Do I need a Kentucky attorney or a Florida attorney to fight this?

 

[dorenephilpot]

I'm an attorney in Indiana and will try to answer your questions.

The Florida court most likely wouldn't have jurisdiction (power) over you.

You can ask your attorney to have her petition tossed out on the grounds of lack of personal jurisdiction over you.

Then she HAS to file in the Kentucky court -- that court would have jurisdiction over you, and she is a property owner there also, so it would have jurisdiction over her, too.

Talk to a Kentucky attorney, not a Florida one.