Legal Question in Family Law in Florida
I am in the middle of a paturnity case, Florida has been determined the home of residence for jurisdiction, although during this case the mother left with my child to another state. every one tells me to get a lawyer for the parental kidnapping but I can not afford a lawyer and I have been doing this on my own. is this something the cops can help me with or what else can I do. Please help
1 Answer from Attorneys
It's not kidnapping for her to take her own child. If she is in violation of court-ordered timeshare, she could be charged with Interference with Custody, but police and prosecutors rarely charge that. If you filed your paternity case before she left, you can file a motion to have your child returned to Florida pursuant to Florida Statute 61.13001. Otherwise, you'll just have to wait for the judge to make a timeshare ("custody") decision. It doesn't look good on her that she took your child away from you. But the real truth is that you need to get a lawyer. You say you can't afford one, but in a custody case, you can't afford NOT to have a lawyer. This is your child's future we're talking about. Nothing is more important.