Divorce Florida Style

By: Mike Gora

Q My husband and I were divorced in Jacksonville a few years ago.  We have two children, and there is a parenting plan in place which gives him the right to have the two children with him for half of the summer.  I would like to have the agreement modified as the children would like to go to camp for a month during the summer, and if he has the other month I will have no summer with the children.

I moved into Boca Raton after the divorce, and he moved to Tampa.  Do I have to go back to the court in Jacksonville to make this change, or can I file for the change in Palm Beach County, or can he insist that the case takes place in Hillsborough County where he lives?

Mike Gora

A Because of our current court docket situation, it is very unlikely that you could have a court address this issue for the summer of 2011 in any of the three counties that you talk about.  Without an agreement on the part of your “Ex.” to enter a modification judgment, you would not be able to get such a matter for trial for about a year.

As to the location of the litigation, which we call “venue,” you are in luck.  Under a Florida Statute and appellate decisions, there are two circuit courts which could become the venue of your action, the circuit court in Palm Beach County, where you and the children reside, or in Jacksonville-Duval County where the case originally took place.  Your Ex would be unsuccessful if he attempted to have the case heard in Hillsborough County.

As a reminder, in order to have a modification judgment entered on your parenting plan your papers must allege and you must prove that there have been material changes of circumstances which make the change you desire in the best interests of the children, and not in your best interest alone.