Legal Question in Family Law in Florida
Child Custody/Visitation
I have recenlty divorced *filed in maryland*, the custody for my 3 yr old child should be shared between the mother and I. Yet she has purposely keeps me away from our child by changing contact information, sending him over seas to stay with her family, not answering/replying to emails, etc... I saw my son February 2010 and was suppose to get him in april but she refused. In short I am suppose to get my child for thanksgibing but the mother said she will only allow me to have him for that weekend and she wont send him unless i send her the flight information to ensure that he will only be in my care for 3 days * i havent seen him since February*. Does she have the right to put a time limit on how long i can keep my son since our divorce states that we share custody?
-not sure if this is needed, but the mother no longer lives in maryland but relocated to texas and i reside in florida....
1 Answer from Attorneys
She does not have the right to keep your child from you. You need to have your case modified since she resides in another state. The modification will make plans for visitation with your son. If she violates the order, you can file for contempt and she can be arrested as a result. You can also file to have his passport suspended. That way, she will not be able to send him overseas without court permission. If you send her the plane ticket, you could technically keep your son for as long as you want by not sending him back on that given date. It would not be kidnapping as she put your son in your care. Then, you can file for full custody or whatever you like while having your son in your care until the case is completed. For assistance with this matter, please contact me at 1-800-408-5818 or email me at [email protected].
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