Legal Question in Family Law in Florida

My 5 year old daughter is currently living with her father and is located in Jacksonville, Florida. I am in Orlando, Florida. She has been with him for about 2 years and I have moved from Jacksonville to New York to Orlando as of October 2016. I was unstable financially and career-wise and that's why I was ok with her staying with him. Now that I am organized with a good job and my own place to live, I want custody of her back. I have suspicion of domestic violence in his home with his current partner and he has a long criminal history of physical violence, and he does not spend any time with her because he works 3 jobs. I would like for her to come back and live with me, and meet halfway for visitation and work out holidays, and also establish minimum child support. We were never married, and we do not have a parenting plan. Am I entitled to get her back, or do I need to hire an attorney and go to court? How good are my chances of getting her back?

Asked on 1/27/17, 11:39 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

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Do you have a court order in place that allowed him custody of the child? Need more info on this. However, I suspect if you have him listed as the father, he may fight custody stating that you abandoned the child. Has there been any visitation with you and the child. Need more info.

Answered on 1/27/17, 3:05 pm

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Robert McCall Law Office of Robert McCall

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You offer a confusing fact pattern. if no court in place you may be able to just pick up the child as the natural parent has rights over the world. If there is a court order in place that order controls until modified. See a local attorney immediately with any and all papers.

Answered on 1/27/17, 4:22 pm

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