Legal Question in Family Law in Florida
unauthorized visitation
i have primary custody, the non-custodial parent tha lives out of state, asked to take the children out of state, but then left the children with a sister and then left the state where the children were left. can he do that/, he also wrote a letter saying that she has authorization to make decisions for the children.
is he violating any law statute, can i request an emergency hearing to have the chldren back, right now, since the children are out of state and their dad is not with them, who has the right about the children. they do not even want to tell me, when the children are going to be back.
can this count as negligence and be sufficient to ask for sole custody?
1 Answer from Attorneys
Re: unauthorized visitation
Leaving them with his sister and giving her authorization to care for them is not negligent, but it may be a violation of the order outlining custody rights and responsibilities. It is certainly not right that they won't tell you when the children will be back -- that too should be outlined in the court's custody order. Yes, you can file an emergency petition asking that your children be returned.
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