Legal Question in Family Law in Florida

Custody

My mother has had my daughter for about the past 10 years. I have tried numerous attempts over the years to try and get her back. My mother keeps changing her number, and it's so hard to find her. We live 2 hrs from each other. I was 18 when I had my daughter. I never gave my mom custody. When I came back from work..my baby was gone. She took her. It has been such a long time now. My mother tries to brainwash me and says that I can't take her out of her home. Well..she TOOK her 10 yrs ago. I can never catch my mother and she avoids my phone calls, doesn't answer the door, and changes her number constantly. I don't know what to do at this point . Can't I just go get her? Or do I need an atty? What are my chances of getting my daughter back? I am also married and have 2 other children as well. I am stable and have a home and good job. I need to know my next move. Please help!!


Asked on 6/29/09, 4:11 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Custody

If there's been no court order, you are legally entitled to go get your daughter. I presume your mother will file a lawsuit for custody (probably under Chapters 39 and/or 751) soon thereafter, though, so you may want to speak with an attorney first.

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Answered on 6/29/09, 4:28 pm
Katy Bost Law Office of Katy Bost

Re: Custody

If there has not been a court order stating otherwise, you are still the child's legal mother with all rights of a parent in place. I would advise you to contact a family law attorney, however, because there are avenues that your mother could try in court to remove her from your care. Also keep in mind that a judge will consider the best interest of the child. My office handles these matters, so feel to contact for a consultation. Best wishes to you and your daughter.

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Answered on 6/29/09, 8:34 pm


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