Legal Question in Family Law in Florida
child custody and support
My husband has an 8 yr old son who has been living with us in FL since 4/05. The mother is a drug addict and went into rehab. None of her family wanted to take care of him so they called us to come get him (they all live in PA.) They wanted to send him to foster care. At the time the mother signed custody over to my husband. We typed up an agreement, both parties signed & we had it notarized, but never filed in court. Now the mother has been out of rehab for about 9 months. My stepson was visiting her for a few weeks this summer and now she refuses to give him back to us. She has already filed for child support (she's always only been interested in how much money she could get out of us) and registered him for school in PA. She said that if we try to get him back, she will lie and say that we forged her name on the agreement and that she will file a PFA against me (she is claiming that my stepson told her that I beat him) which could damage my professional life, not to mention that it is totally untrue. To complicate matters, my husband & I have a 3 yr old that was born with a congenital heart defect so he is a stay at home dad per the cardiologist's instructions - he has no income at this time. What can we do?
1 Answer from Attorneys
Re: child custody and support
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You made a serious error by not taking the necessary legal action when you had the opportunity. Your best course of action is to follow through at this point although finances might be difficult. Your husband will have to respond to the child support matter in Pennsylvania. Perhaps, his attorney can have the case dismissed there if you can prove that the child has resided in Florida since April, 2005, until the mother took him away. Presumably, he was registered in school last year and in previous years which will help prove your case.
If successful, you can than file a suit in Florida to determine custody and child support. You will need a Florida attorney to do so. The Office of the Attorney General in Florida may be able to help you in this endeavor at no charge. You should call them to discuss the issues.
Scott R. Jay, Esq.
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