Legal Question in Family Law in Florida

I am a military member and have sole custody of my daughter. I have to go to Korea for a year and will not be able to take my daughter with me. I was advised by a lawyer to send my child's father a certified letter restricted so that only he may sign for it. It's advising him of me going to Korea and that I have chosen to have my parents care for her while I am gone. This way if we ever go back to court he can't say that I never told him about this but he refuses to get pick up the letter from the post office. What should I do?


Asked on 1/06/11, 8:47 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

As a general rule, your child's father has a right to "custody" of your daughter while you are deployed or transferred to a place where your daughter cannot reside. Then, by both Florida and Federal law, you are permitted to automatically had your daughter return to you when you return or transferred to a place where your daughter can reside. Your certified letter to your child's father is irrelevant, though it isn't unwise. Recently, however, Florida law has changed to allow grandparents to petition for temporary custody of a child of a service member while that service member is transferred to a place where a child cannot reside. You should speak to a Florida lawyer about this type of petition.

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Answered on 1/24/11, 1:33 pm


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