Legal Question in Family Law in Florida

So today was my 2nd court hearing of contempt because my ex does not follow parenting plan. Last time 2 days after judge said I was to get my visitation she fails to let me have my son. Next file 2nd contempt and judge says have you seen him since 1st hearing, answer yes, and he states well can't really charge with contempt. so the parenting plan is not worth paper written on and approved by court. now she just took my son and up and moved to Colorado. I know get a lawyer, but I would spend every penny I ever make on fees because it never ends. Going on 4 years now and I can't catch a break. I file every paper, pay support and life goes on and my son who is 5 keeps being taken in and out of my life. What can I do


Asked on 8/14/13, 6:47 pm

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

So you've gone through four years of this, at least two court hearings, and now your son lives a couple thousand miles away, and you haven't yet learned that you need to get a lawyer. What she's done is almost certainly a violation of Florida Statute 61.13001, so get a lawyer and get your son ordered back to Florida. It won't be easy, but it's likely what will happen. Then let's see her try to keep your son from you.

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Answered on 8/14/13, 6:52 pm
John Smitten Carey and Leisure

Sorry this happened. She cannot just leave, you need to retain counsel to handle this.

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Answered on 8/15/13, 2:51 am
Robert McCall Law Office of Robert McCall

File an Emergency Motion for Custody, citing her permanent move to Colorado. Florida statutes prohibit relocation without court approval or former spouse (you) consent. She could be charged criminally for Parental Kidnapping.

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Answered on 8/15/13, 7:45 am


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