Legal Question in Family Law in Florida
Still married-custody of child
Parents are married and living together as a family. Mother leaves NJ with the child (without permission of the father) to go to Florida under false pretenses while father at work. Facts have surfaced that she is not returning to NJ. Father wants child back. Three months have passed with no return. Is it legal for him to go to Florida and take his child back to NJ?
5 Answers from Attorneys
Re: Still married-custody of child
he should contact the FBI regarding Interstate Kidnapping charges immediately since it could be considered kidnapping over state lines which makes it a federal offense! First, hire a good divorce attorney. Call me if you need an attorney or assitance!
Re: Still married-custody of child
It would be lots and lots smarter for father to pay a divorce attorney for advice. This would avoid the possibilities of kidnapping charges, domestic violence and/or assault charges and other weaknesses of your original plan.
sorry, it's been a long day.
go talk to a divorce attorney, and get some advice.
Re: Still married-custody of child
He should go to court and ask that the mother be forced to return the child to New Jersey before so much time has passed that the opportunity will be lost.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
201/602/8090
Re: Still married-custody of child
The proper procedure would be to petition the court in NJ for relief and then seek enforcement in Florida.
Re: Still married-custody of child
Simple answer, he needs an attorney in NJ ASAP. He has already done some serious damage to his case by waiting 3 months.
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