let me clairify

my x-husband got custody of my daughter in our divorce in florida'91. she came out here to california 7mo. ago and her father told her to stay here to improve her grades in school. he has talked to her 3 times on the phone in 7mo. and now he wants her back. she doesn't want to go. there has been no court action since the divorce. is this her home state now so i can modify custody or do i need to go to florida? please answer if this is her home state or do i have to have florida give up jurisdiciton. she said she wont go back!!

I ended up answering this when my mistake was pointed out.. You file in CA. Also look to file an ex-parte motion to get temporary custody until the hearing.