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Question about Jurisdiction

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EMT2007

Junior Member
What is the name of your state (only U.S. law)? IN and FL

I will try to make this short and sweet and if you need additional info I will gladly provide it. Several years ago I had a child with an ex-boyfriend (never married). He denied the child was his all throughout my pregnancy and after she was born. He did not sign the birth certificate. We broke up shortly after she was born. Lots of domestic violence issues etc. After I left him he all of sudden told me it was his child and he has a right to see her. I agreed with this because no matter how bad our relationship, it is what it is. Although shortly after this new revelation he continued to threaten and harrass me and call CPS on me, never was a case opened. I told him he would not see her until he decided to do things the right way, through the court system. The police told him in order to his child he needs to establish paternity etc and they told me I was doing nothing wrong because right now ex was a legal stranger. Finally when she was 16 months old he filed to establish paternity. We both agreed during mediation that daughter was his and signed the parternity affidavit. After several visitiations which became extremely heated because he couldnt help but attack me in front of her I let my mother bring her to the drop off point. He was not happy about this and wrote me an email telling me he would not return her, proving once again this was all about harrassing me. I picked her up that evening and received another email from him telling me that he was in absolute "duress" and should have never signed the paternity paper and he still doesn't know if my daughter was his. We had a court hearing that following Monday to up the visitation hours and clear up why he failed to pay any child support. That Monday I asked the judge for a paternity test and he was furious. I showed her the email and many other emails I had stating he was not the father and that I wanted it done for the record so he could stop denying our child. I also asked for a drug test because of his history of substance abuse and his recent behavior had me concerend. She agreed to both and ordered the drug test to be done on both of us after court. (Because he came back accusing me of doing drugs)The baliff was to take both of us to the test center across the street. he said he had to go get money from the ATM and would return. We waited and waited. SO I went ahead and did my test and he never showed. I received an email from him 3 days later asking for the address to the DNA test center. I responded to him with the address to which I got a nearly 3 page hateful email in return. I went with my daughter to the testing place. We were to be back in court in 3 weeks. Needless to say he never showed for either test and the case was dismissed and I didn't hear from him for awhile. (He has never really had a stable living arrangement. Hotels, motels, friends couches, no job) Impossible to find him.

About 2 years later he started sending me threatening emails to which I replied to have his lawyer contact me so we could straighten things out once and for all. I could not reason with him because he would not focus on our child, only me and harrassing me. I told him unless he had a lawyer contact me I was not going to speak with him because it was never about her. Nothing.

3 years after this court case I moved to Indiana (sorry this all took place in Florida). My parents lived here and they offered for me to live with them so I could save money and they could help with my daughter. I went back to school, got my nursing degree and bought a home. My daughter is now 8. Over the years I have received hate email from him threatening to take me to court, he knows where my father lives, where I live (he claims in email) etc. Recently he has told me that he is reopening the case and I will have to pay for all travel expenses or move back to Florida because I kidnapped and concealed his daughter for so long. He also said since he is unemployed I will get no child support and I will have to pay him because I have a good job. He found out where I work from googling my name and seeing me participate in Hospital Events and charity work etc. I spoke with a friend who is a police officer and he believes that is he wants to open another paternity case that he will have to come to Indiana because we have established residency and have lived her for almost 5 years. I worry about my daughter being 8 how are the courts going to handle this? Will I have to put her on a plane? Will I have to go to Florida to handle this case or is my friend right about IN having jurisdiction now? Isn't this considered abandonment? I mean, he blew the first case and waited this long? Thank you in advance for your help.
 


Ohiogal

Queen Bee
About 2 years later he started sending me threatening emails to which I replied to have his lawyer contact me so we could straighten things out once and for all. I could not reason with him because he would not focus on our child, only me and harrassing me. I told him unless he had a lawyer contact me I was not going to speak with him because it was never about her. Nothing.
So nothing was court ordered for custody? VisitatioN? Child support?

3 years after this court case I moved to Indiana (sorry this all took place in Florida). My parents lived here and they offered for me to live with them so I could save money and they could help with my daughter. I went back to school, got my nursing degree and bought a home. My daughter is now 8. Over the years I have received hate email from him threatening to take me to court, he knows where my father lives, where I live (he claims in email) etc. Recently he has told me that he is reopening the case and I will have to pay for all travel expenses or move back to Florida because I kidnapped and concealed his daughter for so long. He also said since he is unemployed I will get no child support and I will have to pay him because I have a good job.
OKay so he is reopening the case in Florida. He MIGHT be able to but please answer my questions above because I may have missed it. Did you tell the court where you moved?

He found out where I work from googling my name and seeing me participate in Hospital Events and charity work etc. I spoke with a friend who is a police officer and he believes that is he wants to open another paternity case that he will have to come to Indiana because we have established residency and have lived her for almost 5 years.
If the case was closed in Florida WITHOUT paternity being established then Indiana should have jurisdiction.
I worry about my daughter being 8 how are the courts going to handle this? Will I have to put her on a plane?
You may have to pay to transport her to see her father.
Will I have to go to Florida to handle this case or is my friend right about IN having jurisdiction now?
Depends. What court orders exist in Florida?

Isn't this considered abandonment? I mean, he blew the first case and waited this long? Thank you in advance for your help.
Nope. He didn't abandon her. And you will not be paying child support to him.
 

EMT2007

Junior Member
So nothing was court ordered for custody? VisitatioN? Child support?

I was to be the sole legal custodian, there was a temporary order for visitation and child support. The temporary order was for 6 weeks of Saturday visitation for 4 hours and the Child support order was for $262 a month which was also temporary.

OKay so he is reopening the case in Florida. He MIGHT be able to but please answer my questions above because I may have missed it. Did you tell the court where you moved?

No I did not tell the court I moved. That may have been a mistake but the case was dismissed and Dad always knew where I lived.



If the case was closed in Florida WITHOUT paternity being established then Indiana should have jurisdiction.

Yes, the case was closed in Florida WITHOUT paternity being established. He is not on the birth certificate.

You may have to pay to transport her to see her father.

He's threatennig to have the courts make me move back to Florida?? Is this possible? I have an established job and home here for the past 4 years and he still is unemployed living in friend's houses.


Depends. What court orders exist in Florida?

They were temporary orders.



Nope. He didn't abandon her. And you will not be paying child support to him.

Thank you for you quick reply, I hope I provided enough info for your questions.
 

Ohiogal

Queen Bee
I was to be the sole legal custodian, there was a temporary order for visitation and child support. The temporary order was for 6 weeks of Saturday visitation for 4 hours and the Child support order was for $262 a month which was also temporary.
Okay.
Is there still a child support order?

No I did not tell the court I moved. That may have been a mistake but the case was dismissed and Dad always knew where I lived.
Dismissed meaning child support stopped? Yes you should have told the court that you moved. Do yourself a favor -- get a consult with a local attorney and TAKE ALL OF YOUR PAPERWORK in to them. They would be able to see EXACTLY what is going on.



Yes, the case was closed in Florida WITHOUT paternity being established. He is not on the birth certificate.
Being on the birth certificate means squat in the big picture.

He's threatennig to have the courts make me move back to Florida?? Is this possible? I have an established job and home here for the past 4 years and he still is unemployed living in friend's houses.
The courts cannot make YOU move back to Florida. It is possible depending on all the facts that the child might have to be returned but NOT likely.

They were temporary orders.
Do you have copies of them? You need to set up a consult with an IN attorney. If paternity was not established then IN should have jurisdiction.
 

EMT2007

Junior Member
I'm assuming the child support was stopped also. It was a temporary order in place for 3 months. When she dismissed the case she said all orders were to be stopped because Dad obviously has no interest in finishing what he started. Thank you for your answers, now does anyone know a good family attorney in Indy :)
 

EMT2007

Junior Member
One more question: sorry, if he files in Florida and Indiana has jurisdiction will they tell him that there? Or will I have to try and get the case transferred after I have been served? Thanks again.
 

LdiJ

Senior Member
After reading your thread carefully, I am also going to echo the advise that you should consult a local attorney with all paperwork in hand.

However, I think its pretty clear that the case was entirely dismissed in FL, and that IN would have jurisdiction at this point...and that even if it wasn't, you could making a compelling argument for IN having jurisdiction under inconvenient forum.

I also think that you may be overworrying the issue. If your child is 8 and dad has been making periodic threats over the years without actually taking any action, the odds of him actually following through NOW are pretty slim.

And no...you did NOT kidnap your child or anything else remotely similar to that. It doesn't sound like paternity even got officially established.
 

EMT2007

Junior Member
Thank you everyone for your replies. You are probably right that I am overworrying but I feel I need to be prepared, but I should know his pattern of doing NOTHING for the last 7 years...HAHA I'm just concerned that he had recently been arrested in May and spent a few weeks in jail. In his email he was telling me that now that he will be before a judge and has a public defender that he will have her open the case. I'm not entirely stupid, but can he have a public defender open a paternity case?
 

TheGeekess

Keeper of the Kraken
Thank you everyone for your replies. You are probably right that I am overworrying but I feel I need to be prepared, but I should know his pattern of doing NOTHING for the last 7 years...HAHA I'm just concerned that he had recently been arrested in May and spent a few weeks in jail. In his email he was telling me that now that he will be before a judge and has a public defender that he will have her open the case. I'm not entirely stupid, but can he have a public defender open a paternity case?
No, a paternity suit is civil, not criminal.
 

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