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.