Legal Question in Family Law in Florida
Child Custody
My ex husband has primary custody of our two children. His mother told my mother that the children are residing with her, is there anything that I can do? Would this be called abandonment by the father's part?
1 Answer from Attorneys
Re: Child Custody
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No, it is not considered abandonment but it could be a consideration for the court to take into mind if a motion to change custody was filed. Courts have held that temporary changes of custody for the best interests of the children will generally not be considered as a negative against the custodial parent, however. Custody decisions made by the original trial court are generally hard to change. You must show a danger to the child if left unchanged and it is in the child's best interest to make a change.
Scott R. Jay, Esq.