Legal Question in Family Law in Florida

Re: Wife Left Florida With My Child

If you are still married, have lived in Florida for 6 months, and your wife left in the past year a Family Court Judge may provide you with temporary custody as part of a Divorce case. If the Courts are not involved, you probably could just go to Kentucky and bring your daughter back to Florida. You would need to file with the Court immediately and inform your wife of your daughter's whereabouts. You should consult an attorney in your area prior to taking action.

Re: Wife Left Florida With My Child

Jurisdiction may well lie in KY now, where the child resides. You will have to file for sole temporary custody. If you plan to file for divorce, you certainly can. There will be a residency requirement.

OR you can file in Fla for a dissolution and try to wrest custody rom her.

Re: Wife Left Florida With My Child

Your wife has the right to take your daughter anywhere she pleases. So do you.

However, if you had a divorce or some other kind of family law action pending against your wife when she moved, she may have violated Florida Statute 61.13001, which prohibits moving your child away from you without court permission.

If there was no action pending against your wife when she moved, you may need to file a divorce action seeking custody of your daughter. You should speak to a family lawyer immediately.