Legal Question in Family Law in Florida

Email considered legal document in court

My ex would like to transfer custody to me for our 15 yr old daughter. I was advised the process through the court could take 2-3 months & school starts in 3 weeks. She resides in Florida & I live in NY. I'd like to have her move back before school starts up here but was advised I should have an agreement signed & notorized before bringing her up - stating we agree to transfer of custody. My ex says the agreement letter he emailed to me would be considered legal in the court system. Is that correct?


Asked on 8/11/07, 9:34 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Email considered legal document in court

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.

I believe you already posted a question on this forum. The letter might work temporarily but as I explained perviously, you will need a modification of the custody order to have any sort of permanent change. This would protect you in case your ex later changes his/her mind and says that you took the child without permission or that it was only for a temporary basis.

This is not the time to be penny wise and pound foolish. Of course, if you ask enough attorneys, you will find one who agrees with you so you can keep asking (even though you may expose yourself to serious heartbreak in the future).

Scott R. Jay, Esq.

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Answered on 8/11/07, 12:05 pm


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