[michelle_29]

Hello,

My husband and his ex-wife currently have 50/50 custody in the state of Florida. His ex-wife relocated with their daughter to California to "get her life on track" in Ocotber 2009. The original verbal agreement was for the child to finish the school yr in California and return to Florida with her father to resume permanent residence in FL. My husband went to pick-up his daughter on June 18th with the intention of the child remaining in Florida permanently, but the child's mother changed her mind and now only wants her in Florida w/ the father for the summer. The child's mother made him sign a notarized document stating that he would return the child to California by August 10th and the child would resume her new residence in California with the mother.

Now, the court papers in FL state 50/50 custody, but he did originally and voluntarily allow the child to leave the state of FL and establish residence in California for 8 months. Would the courts consider this a legal modification of the custody agreement at that time? The child went to school there and completed 3rd grade. He did see the child once while she was in California for a total of 3 days and he was in weekly contact with her. Again, the intent was only for the child to stay there for 8 months and return to a permanent residency w/ her father in FL, but there was NOTHING written, ALL verbal.

I have a few questions:
1. Is there any way that the mother is able to go to California courts and file for full custody or would she have to do it in FL?
2. Is it even possible for the child's mother her to ask for full custody as child lived w/ her in CA for 8 months?
3. Is the child a legal resident of the state of California or state of Florida?
4. How much weight does the notarized document that my husband signed carry? Does he have to abide by what he has signed when FL court papers say 50/50 custody even though he did voluntarily modify this?

ANY help/ advice would be extremely appreciated! Thank you!

[GV70]

1. Is there any way that the mother is able to go to California courts and file for full custody or would she have to do it in FL?

Yes.She can file for sole custody in California.

2. Is it even possible for the child's mother her to ask for full custody as child lived w/ her in CA for 8 months?

Yes again.

3. Is the child a legal resident of the state of California or state of Florida?

California

4. How much weight does the notarized document that my husband signed carry? Does he have to abide by what he has signed when FL court papers say 50/50 custody even though he did voluntarily modify this?

50/50 what? Legal custody,physical custody or both of them?
If he VOLUNTARY modified it,he will have to follow that modification.

[cdad]

Hate to disagree here. But if custody was decided in Florida courts and one party still lives there then the Florida courts still hold jurisdiction no matter how long the child has been out of state.

Ref:
Uniform Child Custody and Jurisdiction Act - Family Law

[Fr_Chuck]

Nortorized statement means almost nothing he was forced to sign it under force of not getting child back.

Next his mistake was allowing child to move out of state with mother at all, they will need to file for changes in custody in FL,
He should get an attorney and go to court before allowing child back to mother

[GV70]

Hate to disagree here. But if custody was decided in Florida courts and one party still lives there then the Florida courts still hold jurisdiction no matter how long the child has been out of state.

Theoretically-yes,in practice-maybe.

...he did originally and voluntarily allow the child to leave the state of FL and establish residence in California for 8 months.

This is usually seen as a case where "Doctrine of waiver" may be applied.
The state which is currently the "home state" of the child, or was the child's home state within six months immediately before the commencement of child custody proceedings if the child is absent from the state, but a parent or person acting as a parent continues to live in the state;
Once a state court has made a custody determination, that state keeps jurisdiction over all matters concerning that child, unless:

1. A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state, AND evidence concerning the child's custody determination is not available in the state.
SECTION 207. INCONVENIENT FORUM.
(a) A court of this State which has jurisdiction under this [Act] to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another State is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.

nortorized statement means almost nothing

The notary simply verifies a signature. The contract or document itself determines how binding it is.The notarized document may be evidence of intent to do something.