Maitland Family Law Jurisdiction Attorney
Ever since its founding in the 1830s, Maitland has long attracted relocating residents from around the state and around the country. Back then, a handful of judges handled all the family law matters in Florida, and their decisions always sided with the fathers. Today’s judicial system is much larger and more impartial, but many of the same fundamental principles remain in place.
Then as now, the parties’ residency normally determines jurisdiction, which is the court that has power to hear certain kinds of cases. At The Troum Law Firm, we are dedicated to all Florida families of all shapes, locations, and sizes. Although we focus on Orange County, our Maitland family law jurisdiction attorneys routinely handle family law cases in other jurisdictions as well. If your family needs legal assistance, you can count on the professionals at The Troum Law Firm to provide the quality services you deserve and expect.
Initial Determinations
Generally, jurisdiction matters involve both the kind of court which has the power to hear a case, and that court’s geographic location.
In a marriage dissolution case, at least one party must be a current resident of the county where the divorce is filed. This rule prevents parties from relocating simply to take advantage of a favorable divorce venue, a practice that’s called forum shopping. Unless a party files a motion to modify jurisdiction, as outlined below, the same court retains continuing, exclusive jurisdiction over both the parties and the issues in the case.
Typically, paternity and other such cases must be filed in the county where the children reside. This court has the power to make custody, visitation, support, and other orders necessary to protect and uphold the best interests of the children.
It is not unusual for the parents or the children to reside in different counties. Typically, the court which receives the first filing has jurisdiction over the issues and people in that case.
Subsequent Modifications
Usually for vocational reasons, most families relocate a lot. However, as mentioned above, unless a party files a relocation notice, the original court continues to have jurisdiction over the matter.
This notice is usually a necessary precursor for a motion to modify. Unless a Maitland family law attorney files such a notice, there could be a costly delay.
Typically, in-state transfers are relatively straightforward matters. Orange County family law courts follow the same laws, and most of the same procedures, as Hillsborough County or other Florida courts. But an interstate jurisdiction transfer could be complex.
Assume Mother and Father are divorced in Texas. A few months later, Mother and the children relocate to Florida to be closer to family. There are two possible issues here.
In terms of child support, Florida is an income share state which uses a complex formula to determine the amount of support. But Texas is a percentage-of-income state which basically uses a proportion of the obligor’s income. If either party wants to modify child support and either party files a notice of transfer, that reconsideration must take place under Florida law and not Texas law.
Furthermore, relocating to be closer to family may be in the best interests of the parent, but it may or may not be in the best interests of the children, Florida and Texas courts use different factors to make this determination, and if either party files a transfer notice, Florida law controls, even though Father still lives in Texas.
Contact a Tough Maitland Family Lawyer
Regardless of jurisdiction, you need an attorney who fights for you legal and financial rights in family court. For a consultation with an experienced family law attorney in Maitland, contact The Troum Law Firm, P.A.
