Family Law (Divorce, Family Relations)/improper venue?

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Question
Sorry if this is a repeat...not sure if first question went through.
Hello, Ex wife and I resided and were divorced in a county in Florida approx. 2 years ago.  Her and the children moved to a different county 4 hours away to be with her family.  It was not amicable and several petitions/motions were filed...one of them being a transfer of venue filed by her attorney.  All motions, etc were handled in original residing county.  We ended with an agreement and a file judgment was filed.  In the final judgment, the original residing county claims jurisdiction over the case, specifically stating jurisdiction over the children. Now, I was just served by the county she now lives in and among other things, is requesting sole custody.  Her attorney is claiming that the proper venue is where the children reside...but isn't that for the originating county to decide?  Since he was not granted a transfer of venue in originating county...is it proper for him to just file in another county?  Can I answer with a motion to dismiss?  I have to represent myself as I am a full time student and have limited income.  Appreciate any advice you have to offer

Answer
Hi FloridaMan, you can answer with a motion to dismiss and/or transfer of venue. Jurisdiction is proper in any county in Florida and venue is usually selected by the filing party. At the hearing on the motion to dismiss/transfer you can expect that your ex-wife's attorney will argue that venue is more proper in the county he has chosen for the convenience of the parties and witnesses. If in fact the originating court specifically reserved venue, not jurisdiction, over the children then the court should be specifically made aware of that fact and you may also what to gather some case law that will support your argument that venue is only proper in the originating court due to the specific reservation.


I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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Family Law (Divorce, Family Relations)

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Dan Bachert

Expertise

I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.

Experience

Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Organizations
Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Education/Credentials
Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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