Legal Question in Family Law in Florida

Move Away

I have a 2 yr old daughter with my ex girlfriend. Eight months ago she said she was taking her (from Florida) to visit family in Kentucky. Next thing I knew, she married someone there and told me they are living there permanently now. She won't take my phone calls and hasn't let me speak to, or see my daughter at all since she left. We have no court orders for anything so there is no custody or visitation established at this time. I truly believe my daughter would be better off living with me, as I am stable and have the means to take care of her and her mother's new husband is in the military and would be moving them from place to place, most likely without my knowledge or consent. What can I do to get my daughter back to Florida with me?


Asked on 7/11/09, 4:37 pm

3 Answers from Attorneys
Gordon Fenderson Fenderson Law Firm

Re: Move Away

You need to file something in FL immediatly. Contact my office for a free consultation today. You do not want to be in the position where you have to find them and carry out a lawsuit in some other random state.

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Answered on 7/11/09, 4:52 pm
Brent Rose The Orsini & Rose Law Firm

Re: Move Away

She blatantly violated Florida law when she didn't bring your child back to Florida. Many judges--in fact most, I think--would order your child back to Florida immediately. Either your ex could come back to Florida to live until the lawsuit if completed (and relocations are rarely allowed by Florida judges) or you daughter would live with you until the lawsuit is decided.

DO NOT delay on this because you are slowly losing your legal rights. Talk to a lawyer in your area and get your lawsuit filed.

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Answered on 7/11/09, 5:52 pm
Thomas Rosenblum Rosenblum Law Offices

Re: Move Away

Hello:

I'll offer one more opinion. As you are probably aware, you have no rights until you file a Paternity case and obtain a temporary Order...and later, a Final Judgment.

The case may have to be filed in KY. If she has lived up there for more than 6 mos., she can file it up there. You say she was going up there for a visit. Was she owning or renting a residence down here? Did she leave property down here? This is just to inquire if you can argue that she still resides in Fla.

If my office can be of any assistance in No. Fla., please give us a call. Tom Rosenblum

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Answered on 7/13/09, 10:40 am


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