[bsouth808]

I am filing a Petition to Domesticate and Enforce Out-of-State Custody Order. I have the packet ready to go. I was divorced in 2005 in Alabama, the decree gave custody to me (father), with child support order as well. She has taken me back to court multiple times to gain child custody. Due to the McLendon Law I have retained custody of the children in all proceedings. I retired from the Army, moved to Florida and she tried fighting me on that as well. Again the Judge ruled in my favor. She followed me here about 2 months later and received two DUI's (both in Florida), she also had a previous DUI in Hawaii. The kicker is that she got the final DUI with the children in the car. She was charged with multiple violations including Felony child abuse charges. She entered PTI and has since somewhat cleaned up her act (with alcohol), she continues to file paperwork in Alabama, although she has since moved to Florida. The last paperwork was a fight over Spring Break visitation. I am taking my kids and family on a cruise. Since we couldn't agree the new Judge has ordered a trial in Alabama a full month after the Spring Break ends. But has ordered a face to face meeting. She insists on bringing her new husband, but it has been ordered by the Judge only parents and any attorneys be present, she is adamant about bringing her husband who is a major distraction.

My question is can I file the paperwork in Florida, even using the affadivit for the UCCJEA in it, and not have to file anything else with Alabama?

I am considering filing a contempt motion if she does not meet with me by herself.

Do I have to ask Alabama and file anything with them, if jurisdiction certainly falls in Florida, both the children and I have lived here since late 2009, and she has since moved to Milton, FL 3 months ago and has obtained a Florida Driver's license?

Or can I just file the papers in the Florida's court and have the Judge talk to each other concerning the Jurisdiction etc?

[cdad]

The decision is in Alabama. Your ex isn't a legal resident of Florida yet. It takes about 1 years time to establish legal resdentcy

Quote:
Requirements for Resident Classification: A person, or the parents of a dependent child, must establish legal residence in Florida and maintain such for at least twelve months.

Ref:
http://search.yahoo.com/r/_ylt=A0oG7...df/sr_FL01.pdf