Legal Question in Family Law in Florida

Re: changing custody

If Florida is your son's "home state," NY cannot become their "home state" for jurisdictional custody/support purposes, after a "temporary stay," or after a vacation, that you want to unilaterally change to a "permanent" stay.

Therefore, You should discuss the proposed change of residence with their father, before deciding how to proceed. And, Ask their father for his input, thinking and cooperation. Then, as may be necessary, proceed to Court with an attorney.

However, please note that, UNLESS you have a NY Divorce or Custody Judgment, where New York retained jurisdiction over the children; Or, your children will suffer immediate harm, if returned to their father in Florida, a NY Court is unlikely to permit you to keep your sons in New York, or assume jurisdiction to hear and determine the issues.

Good luck,