Legal Question in Family Law in Florida

child custody

my ex and i have a son(8) together.my son was removed from my home in 2001 and has lived with his father since then, the courts told us to seek family court for custody but we didn't . now he has lied to me and moved to georgia with my son with out my permission. is that legal?


Asked on 8/16/07, 3:18 pm

2 Answers from Attorneys

Re: child custody

If your parental rights were never terminated, it is not legal. I suggest you contact an attorney ASAP on this. Because they are already out of state, it could get complicated.

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Answered on 8/17/07, 9:15 am
Scott R. Jay Law Offices of Scott R. Jay

Re: child custody

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.

A child is not supposed to be taken outside of the State of Florida without a court order unless both parents agree. If your rights were never terminated, you have a say in rasing the child.

You should seek counsel to file a suit over custody which may or may not be possible based on whatever transpired in 2001 that caused the removal of your son. Since the child is no longer in Florida, it has become substantially more complicated and might have to be fought there.

Scott R. Jay, Esq.

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Answered on 8/18/07, 6:08 pm


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