Legal Question in Family Law in Florida

breaking up children and taking out of state

my wife recently decided after 4 yrs of marriage that she needed time to find herself. we have a 4 yr old and 2 yr old. she took our 2 yr old and left fl for california where she has family. she refuses to come back. what recourse do i have to force her to bring our son back to fl? it appears that we are now headed for divorce. our children were born in fl and have always resided here. do i have the legal authority to force her to bring our son back to fl or to pick him up myself and bring him home?


Asked on 6/23/08, 4:03 am

1 Answer from Attorneys

Re: breaking up children and taking out of state

Go see a local attorney very soon.

Your wife can go to CA because there was no order prohibiting that.

Since you are not a resident of CA, you can't file there. The chx are in CA and right now the courts in CA have jurisdiction.

If you file here, you may get an order of temporary custody, but your local family attorney will know better what the judges where you live do in that regard.

It's proabably a free consult so you are not anything.

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Answered on 6/23/08, 8:22 am


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