Legal Question in Family Law in Florida
parental kidnaping to another state
Mother is custodial parent and remarried. In divorce decree she cannot take child out of state without father and courts permission. They packed him up over night and left town ending up in Louisiana. Father had visitation every weekend and special occasions which was upheld. mother feels that she doesn't have to let the childs father see him and that she can take him anywhere she wants. We have contacted an attorney but things do not seems to be happening. I am the grandmother and I know that my grandson is unhappy and wants to come home. What can we do and how can we do to make them go faster?
1 Answer from Attorneys
Re: parental kidnaping to another state
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Taking a child to another state for a visit or vacation is not kidnapping. While it may be in violation of the court's order requiring the mother to obtain permission, it does not rise to a kidnapping as you have termed it.
Your son needs to speak with his attorney to determine the cause of the delay. Generally, court dates are assigned by the Courts and can take some time to get a hearing although exceptions are made for emergency matters. If your son does not feel comfortable with his attorney, it is his option to change his attorney and find someone who he is comfortable with.
Scott R. Jay, Esq.