Legal Question in Family Law in Florida
What would the repercussions be of me picking up my son after school and keeping him? We are in the middle of a paternity case in Florida and neither I nor her have custody of our son at this moment. She has kept him from me for almost a year now and is egging me on to pick him up from the school friday that she only now informed me of. I think this is a set up but they are living in an extended stay in a bad part of town and I desperately want to get him to a safer environment. Can I hurt my case by keeping him after I pick him up? What could happen?
1 Answer from Attorneys
She does not have to have a custody hearing - she is the birth mother and by law is the custodial parent. If you are allowed to pick up the child I would have it in writing and witnessed. Since you have no papers, you can be convicted of kidnapping which is a felony. Do yourself a favor, get a custody visitation order from the court - that way you have the court behind you. If not, you have only yourself to blame. There are no do overs when you start to take things into your own hands.
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