Legal Question in Family Law in Florida

immediate return of minor child

originally my former husband and i signed a mediated agreement stating our minor son was not allowed to move to another state until he is 7 years old. I have remarried and have a child with my new husband and we wanted to move to texas. My ex and i made an agreement in writing and got it notarized because we didnt have the funds to go back to court- saying our minor son can move with us to texas. Now that we are moved he misses him and is requesting by the court immediate return of our minor son . Could he win this case? I dont know what to do , I thought i was doing the right thing by getting his permission in writing

Asked on 8/21/08, 1:24 pm

3 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: immediate return of minor child

Quite obviously you did not do the right thing. You had a court order concerning the child and you went out a got a worthless notarized statement. This might be some evidence but the judge is going to ask you why you took liberties with his order. Better be ready to explain why you wanted to save money and risk custody of your child. Now would be the time to get a lawyer and spend some of the money you think you saved. Good Luck.

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Answered on 8/21/08, 1:48 pm
David Slater David P. Slater, Esq.

Re: immediate return of minor child

The court will still look to the best interests of the child. Good luck.

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Answered on 8/21/08, 1:56 pm
Johm Smith tom's

Re: immediate return of minor child

If you think a lawyer is expensive, just try doing it the cheap way. If you have been in TX with the father's permission for 6 months of more, you may be able to go to court in TX and avoid the other judge. The father did agree to the move. But you will obviously need a lawyer. I'm licensed in both states but would have to know where you and the father are living.

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Answered on 8/21/08, 2:26 pm

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