Legal Question in Family Law in Florida

visitation

my wife has custody in va, and i live in florida, there are things going on at their house there and the kids are here visiting me, and do not want to go back, they are afriad of step dad and i need them investigated before i take them back, my papers say i have them for 4 wks in july, but have always kept them longer, what can i do?


Asked on 7/23/07, 10:05 am

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: visitation

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the divorce was in Virginia and that is where the children live, then you will probably need to take action in Virginia. If you can prove any wrongdoings in Virginia, you can go back to the court and ask them to modify the custody order. Just because the kids "are afraid of step dad" is not grounds for a modification however.

You should probably post the same question again asking for Virginia attorneys to respond with suggestions under Virginia law. The procedures may be different there then in Florida.

Scott R. Jay, Esq.

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Answered on 7/23/07, 10:14 am

Re: visitation

If you suspect wrongdoing at home in VA, the Florida courts can take temporary jurisdiction if your goal is to keep the children while investigation is sought, for instance.

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Answered on 7/23/07, 10:36 am

Re: visitation

Report your concerns to the proper authority in VA and they will investigate; get your attorney in VA to file for a change of custody if he feels you can establish the grounds; lastly, abide by the Court orders until they are modified.

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Answered on 7/23/07, 3:06 pm


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