Legal Question in Family Law in Florida

My daughter (custodial parent in Fl) lost her job & housing moved to PA to be with family having verbal permission from the father-so the child could go to a great school (starting kindergarten) in PA on a full scholarship, everything is set to go, child goes back to FL to VISIT, but father goes back on verbal agreement and has now kept the child from his mother, will not allow him to come to PA, without having written ok that child will be returned.

Does the mother loose custody if so how does she get custody back. Schools in PA especially the one with the scholarship are far better than FL. Sorry Fl.


Asked on 1/04/10, 4:28 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It does not matter whether FL or PA has the "better" school. The law does not allow a custodial parent to remove the child from the state and thereby eliminate the practical ability of the noncustodial parent to have visitation. It is not "her" child, it is "their" child. To remove the child from the state as she wishes requires court permission and the court holds a hearing to determine whether and under what conditions the child can be removed. It is not a simple or easy process. No worries, there are good scholls in Florida.

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Answered on 1/09/10, 10:48 am


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