Legal Question in Family Law in Florida

Re: handicap girl torn

He cannot keep her without having petitioned for modification of custody and obtained an new order from the court. You need to start emergency proceedings in court if her continues to refuse to return your daughter.

Re: handicap girl torn

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A 14 year old girl, regardless whether she has a mental infirmity or not, is not old enough to make any decision about her custodial parent. Only a judge has the power to modify a previous court order and the father is required to seek a modification if he wishes to change the custody order.

You may need to seek an emergency hearing to have the court order the father to bring the child back to you. If he violates a court order, he will be held in contempt and may face serious sanctions including possible jail.

I stronly suggest that you retain an attorney to protect your rights and ensure the return of your daughter to you. Good luck.

Scott R. Jay, Esq.