Legal Question in Family Law in Florida

Re-establishing custody of 10 yr old daughter

My sister has a 10 yr old whom she allowed her father to take with him to CT 2 yrs ago (along with her 12 yr old son). He has since remarried and the daughter now wants to come back to her mother. The son has flourished but the girl has not. There are other issues but the main question would be, what are the mother's chances of a judge allowing her custody of her daughter if the son wants to stay with the dad? Also, where would jurisdiction lay? FL or CT?


Asked on 5/26/02, 11:35 am

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Re-establishing custody of 10 yr old daughter

If the father will not permit the daughter to live with her mother and the mother does not have custody, the mother will have to petition a court for custody. You don't indicate which parent has custody according to the final judgment. If the mother had custody under the FJ issued in Florida and the FJ had not been modified, she should demand the return of the daughter, filing in a Florida court. Of course, reaching agreement with the father for return of the daughter is preferable. If the relocation to live with the mother is in the best interests of the child, the daughter is reasonably mature for her age, and the mother is able to provide a good home and be a responsible parent, a court would likely require the child to return to the mother. However, if the return to the mother is supported only be the wishes of the daughter to return, a court may not force the return.

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Answered on 5/26/02, 7:37 pm


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