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nicolecandace · Nov 22, 2013, 11:16 AM

Background:

My ex and I have two teenage children and have been separated for seven years.

The children have always lived with me except for a year and a half, they lived with their dad in MD while I deployed (military). Once I returned in 2012 I retrieved the children and moved on military orders to FL. We have been living here for the past 17 months and I have made this my legal residence.

I filed for divorce in the state of FL in April 2013, but he does not want the divorce and will not provide an address so I have been unable to successfully serve my ex as of yet.

In the mean time I was recently served a complaint of custody from MD. My ex is seeking full custody.

Question:

What are my options?
Can I request that his petition for custody be dismissed for lack of jurisdiction?
Where do I file the request MD or FL? Or do I have to submit it as a response to his petition?

ScottGem · Nov 22, 2013, 12:09 PM

I would respond to the compliant by citing the prior establishment of a divorce case in your home state of Florida and the fact that the children reside in FL and ask that the MD case be dismissed.

You can do this in a simple letter to the court in response to the complaint. If the court requires more they will ask for it.

Also the complain should include a location for your ex. If it doesn't, you still know the county so I would place an ad in the local newspaper notifying him of the divorce.

cdad · Nov 22, 2013, 02:49 PM

Are you still in the military? If so what is your declared home state? Also is your ex still living in the marital home? What were the conditions of the seperation ?

nicolecandace · Nov 22, 2013, 03:16 PM

Originally Posted by ScottGem

I would respond to the compliant by citing the prior establishment of a divorce case in your home state of Florida and the fact that the children reside in FL and ask that the MD case be dismissed.

You can do this in a simple letter to the court in response to the complaint. If the court requires more they will ask for it.

Also the complain should include a location for your ex. If it doesn't, you still know the county so I would place an ad in the local newspaper notifying him of the divorce.

The complaint only has his po box for an address. I am now trying to serve him at work.

nicolecandace · Nov 22, 2013, 03:25 PM

Originally Posted by cdad

Are you still in the military? If so what is your declared home state? Also is your ex still living in the marital home? What were the conditions of the seperation ?

Yes, I entered the military in GA, but I am licensed and a registered voter in FL. I was told that those were the requirements to establish residency.

Our separation was not a mutual decision. My ex suffers from bipolar disorder and severe depression. Basically I couldn't handle the ups and downs on top of infidelity and constant mistreatment and treats to harm. So I packed up the children and left joined the military. No he doesn't still love in the apartment that were in back then. I was told that he didn't even live in that county anymore.

nicolecandace · Nov 22, 2013, 03:37 PM

I'm not sure if it matters, but when I returned from deployment to get the children the decision for them to go with me was mutual. Despite my financial support and contributions in my absence from the children they were being evicted from the home due to non payment of rent.

AK lawyer · Nov 22, 2013, 03:46 PM

Yes, the Maryland case should be dismissed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. Florida is the "home state" of the children so Maryland courts do not have jurisdiction. File a motion to dismiss with the Maryland court.

The state of residence of either you or your husband is immaterial. What matters is the "home state" of the children; i.e.: where they have lived for the past six months.

nicolecandace · Nov 22, 2013, 03:58 PM

Originally Posted by AK lawyer

Yes, the Maryland case should be dismissed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. Florida is the "home state" of the children so Maryland courts do not have jurisdiction. File a motion to dismiss with the Maryland court.

The state of residence of either you or your husband is immaterial. What matters is the "home state" of the children; i.e.: where they have lived for the past six months.

So I should reply to the complaint by requesting dismissal or look for Maryland forms to file a motion to dismiss as a separate action?

AK lawyer · Nov 23, 2013, 11:26 AM

Originally Posted by nicolecandace

So I should reply to the complaint by requesting dismissal or look for Maryland forms to file a motion to dismiss as a separate action?

A motion to dismiss would not be a "separate action"; it would be filed in the Maryland case. In most jurisdictions, a MTD is optional and you would only have to file an answer if for some reason the motion is denied. The important thing is to support your motion with an affidavit describing in detail the factual grounds for your motion, especially how long you and your children have been in Florida.

nicolecandace · Nov 23, 2013, 11:38 AM

Originally Posted by AK lawyer

A motion to dismiss would not be a "separate action"; it would be filed in the Maryland case. In most jurisdictions, a MTD is optional and you would only have to file an answer if for some reason the motion is denied. The important thing is to support your motion with an affidavit describing in detail the factual grounds for your motion, especially how long you and your children have been in Florida.

Ok I got it. Thanks!