Legal Question in Family Law in Florida

protect my son

i have an 11 year old son who has come to visit me in florida he was living in maine with his father, we signed and had notorized an agreement about visitation and parental rights his father has since started court procedures to file the agreement i have not sent my forms back as of yet.since my son has been here i have learned of his fear of his fathers temper and physical discipline can i keep him in florida even though i have been served with papers? if so what steps should i take to start fighting for my son. Also how do i get a lawyer that will have my sons best interest at heart.I need to file something to keep him here. Please help and thank you


Asked on 6/27/09, 3:06 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: protect my son

You need to speak with a lawyer right away if you plan to violate a court order with regard to custody or visitation. I don't know the laws in Maine, but what you are doing may be considered a crime there.

There are laws in Florida which allow you to keep a child away from the other parent where the child is currently present in Florida (which he is) and you suspect that the child will be abused if returned to the other state. You'll need to act quickly, though, because, if the father gets a court order from a Maine judge for your son's return to Maine, the father may show up in Florida with the police and take your son. If you don't have a Florida court order to contradict the Maine court order, your son will be taken away.

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Answered on 6/27/09, 9:16 pm


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