Legal Question in Family Law in Florida
Confused Father
My ex girlfriend took my child permanently out of state without permission. Now she has filed for a custody hearing in NH. I live in Florida. In the statement she gave to the courts, she is saying that she hasn't recieved any help from welfare in the last 6 months. She lived in Florida with my mother & I up until she left a month ago. She had said that she was going to go back to NH for a visit, but now is refusing to return. The paperwork she filed is with the NH court system. Do I have to go to NH to fight for custody rights?
She has been lying and telling people I abused her, even while she was living in FL., but when her parents called the police to come to the house here in FL., she admitted to the police that it wasn't true.
What is my best course of action? I am without a job at the moment, and just want to see my son.
1 Answer from Attorneys
Re: Confused Father
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.
Unfortunately, since she has moved to New Hampshire and filed suit, you may have to battle in courts there. It will be your responsibility to prove that she did not live in New Hampshire and that her residency was in Florida until her actions of leaving on vacation and taking the child.
In the alternative, you may wish to speak with the police and see if kidnapping charges might be filed against her. The chances are that they will tell you this is a civil matter and choose not to get involved.
Good luck.
Scott R. Jay, Esq.
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