Legal Question in Family Law in Florida

Re: Does she have to go home

Eventually it will be for a court to determine what is in the best interests of the child, if the parents cannot make that determination.

Re: Does she have to go home

She does not need to go home but you must inform her mother that she chooses to stay. She should make a phone call to do this, but you should also send a short letter explaining your daughter's choice via certified or registered mail, return reciept requested.

Be prepared that the child's mother may go to court to try to get formal custody. She may also claim abduction but that seems to not be such a problem with no custody order. Make certain that you get originals or copies of all of your daughter's records (medical from birth on, school and church) as soon as possible.

If her mother chooses to fight this she can and should file suit in her home state. Generally where the child has primarily lived for the previous six months determines which state has jurisdiction over the child's welfare. So until your child has been with you for about six months you still risk that the child's mother could have the Florida court demand jurisdiction.

The upshot of all of this is that you must be upfront with the mother. If there are issues that would prevent her from gaining custody, to any degree, make certain that she is aware that these will be used should she challenge her daughter's decision.

Be ready for any challenge the child's mother may present. Consult an attorney and bring him/her up to speed on the case.

Regards,

Roger Traversa

email: [email protected]