Legal Question in Family Law in Florida
child custody
My ex said she going on vacation to Ohio (from Florida) 2 days before our first Father's day. I went up there last month for my daughter's first birthday and to check when they were coming back. My ex has already left the state with her new boyfriend and left my daughter with her grandparents. When the grandparents saw me up there they immediately filed for custody of my daughter and have temp custody now. The court date will be in Nov. So here's my question: How likely is it that the grandparents will be granted custody and in which state should I get a lawyer? Thank you.
1 Answer from Attorneys
Re: child custody
I assume you mean "ex-wife," not "ex-girlfriend." The laws could be different depending on your relationship.
Unfortunately, you may need a lawyer in both states, but you certainly need a lawyer in Florida. Florida law prevents a mother from moving a child more than 50 miles from the child's current address without a court order or the father's permission, so she's probably broken Florida law by moving to Ohio. Given that she tricked you and the grandparents filed an Ohio lawsuit, I think it's very likely that a Florida judge will order the child back to Florida quickly.
Also, your child hasn't quite lived in Ohio long enough for Ohio to have jurisdiction (it usually takes a full six months), so an Ohio lawyer may be able to help you dismiss the Ohio lawsuit.
Lastly, Florida law says the grandparents can't have rights to your child absent abuse or neglect without your consent. I don't know anything about Ohio law, but they probably have the same law as we do, so the grandparents probably can't have your child anyway, but you'll have to ask an Ohio lawyer about that.
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