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?
3 Answers from Attorneys
Re: visitation
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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.
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.
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.