Legal Question in Family Law in Florida
Child Custody/Divorce
My ex wife has sole custody of my children. I just found out that my kids are with their mother in Cuba. I never gave, and I am refusing to give consent for my children to leave the country. She is also unfit to be the providing parent because she has mental health issues. How do I get my children back in the states and back in my custody? Please help me!
1 Answer from Attorneys
Re: Child Custody/Divorce
Hello: Due to the holidays and me being out of the office a bit, I haven't been responding to any questions. Yours, however, seems quite urgent. Have you obtained an atty. yet? You should. I don't want to discourage you, but these cases, dealing with other countries can get real difficult...and may take awhile.
As far as her taking the children out of the country, did she ever get a court order? Where was she living? Were you getting visitation with the kids? Are you aware of whether she plans to live there permanently or is just visiting? Your lawyer will need to know these answers. You will need to file some Motion in the Court where the divorce was entered.
As to her abilities to be custodial parent, that is a separate matter. You would need to file a Petition to Modify the Final Judgment as it pertains to custody. If she has some mental health issues, that will be a factor in your favor during a custody battle. The fact that she took them out of the country may benefit you in a custody battle.
'Sorry you have to go through this. I would try to call the children and keep in touch with them. I would avoid telling them about the court battles between the parents. If my office can be of any assistance in North Fla., please give us a call. Good luck. Tom Rosenblum