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Looking at a complicated custody case involving conflicting decisions, P.2

In our last post, we began looking at a Florida child custody case in which a Michigan custody ruling was overturned in Florida. The mother in the case, after taking the kids out of Michigan to Florida back in 2013, accused the father of child abuse on multiple occasions. Those complaints were all dismissed for lack of evidence.

In 2014, a Florida court began seeking child support from the father and the father subsequently filed for custody in Michigan, which he was granted. A Florida court later overruled that case on the ground that the children had lived in Florida for more than one year before the custody filing, making it the proper venue for the case. 

The Florida court ended up delivering a ruling that conflicted with that of the Michigan court, completely denying the father the right to visit his children. A federal court subsequently declined to get involved in the case on the grounds that only matters of state law were at issue. Ultimately, however, the father was granted emergency custody of his daughter last month after the mother got herself into a drunken driving crash, killing her two sons and injuring six other children.

The case is certainly a tragic one, but also highlights some of the legal complexities that occasionally come up in the court system as regards custody decisions. In our next post, we’ll take a brief look at the relocation and venue issue, and the Florida law that governs court decisions about jurisdiction of child custody cases. 

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