[BevyRed]

I live in Florida and I recently filed for the state of Georgia to acknowledge my divorce decree from the State of Minnesota and a motion of contempt regarding visitation. My ex was served and has 30 days to respond. She was served on March 23rd, 2011 and I am told she and our daughter have since moved back to Florida after being served. Who will have jurisdiction, Georgia where she has lived since October 19th, 2010 with our daughter and has her registered in school or Florida the state where she previously lived for 14 months before moving to Georgia in October of 2010?

[kcomissiong]

What state was the original custody order issued in? If it was Minnesota and neither of you live there, Georgia should have jurisdiction (parent and child have lived there for six months, and the child is enrolled in school there). If it was Florida, (where you live) and the child has maintained a connection to Florida (like visits during the time she lived in Georgia), Florida should retain jurisdiction.

[BevyRed]

Yes the original order was in Minnesota. I tried to have my visitations enforced there but she moved to Orlando, Fl before a final hearing was held and lived in Orlando for 14 months. Once I opened the case in Orlando and had that going she then moved to Georgia and has been there for the past 6 months. I opened the case in Georgia now and she was served with contempt but now I'm hearing she's in Orlando with our daughter. I've paid for attorneys in all three states during the past 4 years I've been trying to get my visitation rights upheld. She herself is a lawyer but hasn't practiced in over 2 years. I'm just worried she's going to get away with moving again and delaying this process once more.

[kcomissiong]

It seems from what you are staying that Florida should have jurisdiction is Minnesota ceded their jurisdiction to Florida. The jurisdiction won't help a lot if she keeps running though. If there was a warrant issued for her arrest after the contempt, pass on whatever information you have regarding her location to the police department. I am very sorry that she is manipulating the system, and I wish you luck.

[BevyRed]

Minnesota gave the case a Transfer of Venue to Florida when she moved but since then she moved again to Georgia so I retained an attorney there since that seemed to be where she would be living with our daughter. By the time I found out they had moved and was able to get the money together for a retainer it was getting close to the time for Georgia to gain jurisdiction. I'm hoping Georgia holds jurisdiction since the petitions to domesticate the divorce decree and the motion of contempt were filed and served to her already. We are waiting for her response to these motions (she has 30 days which will be up in about 10 days) and then a hearing will be set. Thanks for your response.

[ScottGem]

It would appear that she is guilty of parental kidnapping. I would contact the FBI. If she moved from Minn while there was pending litigation, you probably could have gotten Minn to issue a contempt warrant.

But her keeping on running seems to be parental kidnapping.