Legal Question in Family Law in Florida

I have had physical custody of my children for 8 months because of the situation they were in living with their mother. She shows up with the police to my house and the children agree to go with her for a visit. She takes my children to Gerogia and she lives in Florida. The children have told me they are ready to come home but she is not telling me exactly where they are and who is watching them. I have no way to directly call them. I have to call her and then maybe I can talk with them. When I had them they talk with her every day and they have a phone that is used for talking with their mother. She is hiding my children from me and since she didn't take any clothes or any provisions I am not sure about their well being. What process do I need to take to get my children back she has had them for almost 3 weeks. She says she trying to sign over temporary custody to someone else. I am not sure if she can even do this. What should I do? I am really concern about my children?

Asked on 7/29/15, 5:15 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

You must locate them and then call GA police. Also file a complaint with the Police Dept who came to your house unless she had a court order. They had no right to get involved.

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Answered on 7/29/15, 5:43 am
Robert McCall Law Office of Robert McCall

If a court or Florida DCA has been involved report to them and ask for return of children. If no court involvement report to Police as parental kidnapping and file a court case in Florida seeking a formal declaration of custody. Be aware that if the children remain out of Florida for 181 days Florida courts lose jurisdiction and whatever state they are in has jurisdiction over them.

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Answered on 7/29/15, 5:59 am
John Smitten Carey and Leisure

If FL was the place they were living prior to her departure then file a case in FL and get an emergency child pick up order.

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Answered on 7/29/15, 2:38 pm

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