Legal Question in Family Law in Florida

My sons father has primary physical custody of my son in NYC. He dropped my son off to me in FL in July 2014. and signed a notarized letter saying he was bringing him to me to live as of that month. Does he have the right to just come and take my son back? What can I do to prevent that?


Asked on 2/05/15, 10:55 am

2 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

If there have not been any changes to the original Final Judgment, then he may have the right to take your son back, depending on the language of the Final Judgment. .

You can file a Supplemental Petition to modify the current Parenting Plan. You will have the burden to show that there has been a substantial change of circumstances and that it is your son's best interests to stay with you.

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Answered on 2/05/15, 11:01 am
Elliot Goldstein Law Offices of Elliot Jay Goldstein

I agree with attorney Buckley's response.

You should immediately make an appointment with a local experienced family law attorney. Make sure you have him/her review the notarized letter and the court papers.

As the child has already established residency in FL, you might have a decent chance of having the FL Court exercise jurisdiction.

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

110 Athens St., Ste. D

Tarpon Springs, FL 34689

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 2/05/15, 11:12 am


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