Legal Question in Family Law in Florida

Re: taking of a child

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Generally, if a court has not made a determination as to the custodial parent, the removal of a child from the state would be not looked upon favorably and might possibly be considered kidnapping by the parent. You should file for divorce and let the court know the facts and make a determination.

Scott R. Jay, Esq.

Re: taking of a child

I am unclear as to whether you are referencing a vacation or a relocation. If we are discussing relocation -I recommend the other parent either filing for divorce and/or seeking an order requiring the child be brought back to Florida before the child secures ties to Texas during the pendency of the custody and visitation litigation. Once the child has ties to that community it becomes more difficult to get him/her back. Then with him/her here the Judge will make the determination as to what is in the best interest of the child as far as relocation goes. There are a lot of factors that come into play so you should seek the assistance of a local attorney in your area when completing the documents but can pick them up from your local self help center at the court house as well.