Legal Question in Family Law in Florida

Ex Husband taking child out of country

My Ex lost custody of his son, which is not mine. We have an 8 year old son which he has custody of. He has said that when he gets them both at the same time he is going to move to Mexico so that he does not have to pay child support. I do pay child suppot for my son, up to date and not behind. My question is is it legal for him to ''kidnap'' my son without telling me, and the other little boy that he lost custody of. Should I notify the police of his plans to flee the country? I live in FL he and my son live in Kentucky if that helps


Asked on 11/06/07, 9:24 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Ex Husband taking child out of country

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It may simply be the anger in him talking but I would tell the court to be on the safe side. There is not guarantee that the court will do anything without you taking the initiative, but you will have to decide if it is worth your time and money to take action by filing a motion with the court to stop his potential flight from the United States. The court could probably order him to surrender the child's passport if there is one, or put a hold on it with the Federal Government if there is not so that one will not be issued without consent of both parents.

Scott R. Jay, Esq.

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Answered on 11/10/07, 9:29 pm


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