Legal Question in Family Law in Florida

My girlfriends lives in fl with her kids and she served her x-boyfriend custody papers. They both had the kids together but she wants nothing to do with him. He just move back in the house. Now he is saying that he wants custody of the kids. Can she take the kids and move into an apt and live with them until there custody hearing? Can he call the cops on her saying that she kidnap the kids? Who actually has custody of the kids in a situation like this? They are not married. Strange situation here.


Asked on 9/23/10, 10:15 am

1 Answer from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

She can move and continue to care for the kids until the hearing. That would not amount to a kidnapping because no one has legal custody and she is their mother. Just keep in mind that if she turns the kids over to him for a visit, he can keep the kids from her until the hearing too. If you need further assistance, give me a call at 1-800-408-5818 or email me at [email protected].

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Answered on 9/28/10, 10:27 am


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