Ask a Miami divorce attorney: Inconvenient forum

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When determining a child support agreement during a divorce, it’s possible that you’ll encounter problems if you and your ex-spouse live in different parts of the United States. In a situation like this, you may not be able to travel across the country to fight for your parental rights, in which case a Miami divorce attorney can help you request a ruling that a certain state is an inconvenient forum.

Your Miami divorce attorney can answer any questions you have about Florida Statute 61.520, which says the following:

“A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion or request of another court.”

The Florida court tasked with determining whether the Sunshine State is an inconvenient forum will address a number of questions, including these:
• Are there financial circumstances that should be taken into consideration? 
• Have the parties involved reached an agreement regarding which state should assume jurisdiction? 
• How long has the child lived outside the state? 
• If the child has been a victim of domestic violence, which state will be better suited to protecting his or her best interests?
• What is the distance between the two courts?

Even the most amicable breakups can lead to a difficult divorce, particularly when the long-term care of children is involved. That’s why it is essential to enlist the aid of an experienced Miami divorce attorney who is familiar with child support guidelines and how these figures can be altered on a case-by-case basis. Scott A. Ferris, Esq. has more than 25 years of experience in this field, and is on hand to address your concerns seven days a week. Contact him today at 305-670-3330.