▲ 2 r/FloridaLawyersAdvice+1 crossposts

Florida custody case filed while my children and I are in California after domestic violence — what should I do?

I’m looking for advice from anyone familiar with Florida/California interstate custody cases, UCCJEA, or domestic-violence custody cases.
My ex-husband and I previously lived in Florida with our two children. About 3 months ago, I left Florida with the children and came to California because of an ongoing history of domestic violence and safety concerns. The children have been with me in California since we arrived.
There is an active criminal domestic-violence case against my ex in California, and there is an active California Criminal Protective Order (CPO) issued against him. The criminal case is still pending.
Now my ex has filed for divorce and child custody in Florida. I have not yet received the Florida summons personally.
I am very worried and confused about what happens next.
My questions are:
Since the children lived in Florida before we came to California, does Florida automatically have UCCJEA/home-state jurisdiction?
Can California have temporary emergency jurisdiction because of the domestic violence and the fact that the children are currently here?
Does the existing California Criminal Protective Order affect the Florida custody case?
If Florida ultimately has jurisdiction, does that mean I have to move back to Florida, or could I remain in California with the children?
Can I request emergency custody in California even though my ex already filed the custody case in Florida?
What should I do about the Florida case if I haven't actually been served with the summons yet?
Should I have a Florida attorney, a California attorney, or both?

If anyone has been through a similar Florida/California situation involving domestic violence, what did you do?
I understand Reddit isn't a substitute for an attorney. I have a Legal Aid appointment coming up, but I would really appreciate hearing from anyone who has dealt with a similar interstate custody/UCCJEA situation.

Thank you.

reddit.com
u/Sea-Worldliness-7859 — 8 days ago

VaWa Case

My Green card will be expired this December, I am filling my VAWA this month and I am preparing for all the documents. I have Restraining Order, Police Report, Medical Report , Domestic Violence Violence Shelter and etc.. about the abuse

I applied DiY on my application Conditional Green Card and I am preparing all documents for the renewal. I did a lot of research and I would like to hear from someone who did the DIy :)

Hope to hear from anyone

reddit.com
u/Sea-Worldliness-7859 — 26 days ago

Domestic Abuse, /Custody and Relocation Request out of State

My husband is abusive, I’ve been trying to understand him ever since I got married to him all the more because we have 2 kids minor. He has past story of physical abuse towards me wherein he strangled, bite, put the pillows toward, put his fingers to my mouth when I was 32 weeks pregnant with my eldest son all these happened in CA. All documents kept (restraining order, medical, police report ) and even the hearing still going on, and he attended every 3 months. So dumb of me that I forgave and giving him another chance.. We relocated here in Florida where his family are, in the hope that things will be fine and our life will be good. We even have another son..

However, he didn’t change, I’ve suffered a lot these past few years, threatening, gas lighting, manipulation, verbal abuse, psychological, emotional, financial.

He is in psychotherapy with his therapist dealing with PTSD, Major Depressive Order, Anxiety and ADHD, but I see him non compliant enough to take his medicine to be better.. All his medicines are in his bag., 2 bags full of medicine. And he is lying to his therapist that he is taking it.
Along with this he was discharged in military with substance abuse and current drug test positive for THC.

He is always agitated, yellling over simple matter, he is unpredictable. Everytime we have arguments he wants me to kick in the house with the kids, many times.. One time I was in the street with my 2 kids walking and trying to find a hotel with a toddler and infant. And then suddenly he finds me in a street waiting for an UBer and shouted at me to hop in the car.

There were occasions that he hit our son for getting his vape and putting it to his mouth. I was literally very angry with him that we end up fighting. I told him to be responsible for his vape because our son can see it . I told his mom about it..

The recent incident where I called 911, because I was already afraid of him, it only started that I didn’t finished his assignment and he throw the bills towards me, it escalated to the point that he threatened me, he is going to F*** my family in the Philippines, to sue me, that he will put me in the prison, he is going to make sure that he will get the kids to me. he is going to call ICE to deport me, to ruin my sister job, he always use very mean and rude words. His intimidation traumatize me even until now..

I want to move forward in my life with my kids, I am going to file for Divorce and Custody of my kids. How likely I will get the sole custody? and I am planning to go back to CA as my family is there, they can help me to start a new life again, my dad and sister will help me with my kids. And importantly to live a life with peace and without fear and abuse..

.

reddit.com
u/Sea-Worldliness-7859 — 3 months ago