Legal Question in Family Law in Florida

Will I get into trouble if I take my daughter

I live in NY and my daughter that will be 16 on may 2nd lives in florida. Neither her mother nor myself have leagal custody of her but I have paid suport for the 13 years they have lived there.And I have paid this through child suport collection, My daughter wants very bad to come here she has called me for 3 days now saying she wants me to come and get her. Would it be leagal for me to do this once she turns 16. Or can i posably go and do it now even though she is only 15. I sure hope so we have only been able to see eachother once for a week sence she was 3 years old.


Asked on 4/16/02, 9:55 pm

3 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Will I get into trouble if I take my daughter

Before I can answer that question, I want to know why you have only seen your daughter for one week in the last 13 years? Where in the wide world were you?

If you wish to discuss this with me privately, please call to schedule a consulation. (516) 741-7799

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Answered on 4/16/02, 10:01 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Will I get into trouble if I take my daughter

Assuming that your daughter has resided in Florida since being 3 years old, NY would not have jurisdiction to hear the case.

I strongly suggest contacting a Florida attorney.

Mike.

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Answered on 4/17/02, 8:32 am
Sanford Martin Martin Law Office

Re: Will I get into trouble if I take my daughter

Based on the limited information provided and without seeing the relevant court order setting custody, visitation, etc., you are advised to not "take" your daughter without court consent. If she were in imminent threat of harm, you might consider it, but, it's likely the previous order is valid until she is 18 or the order is modified by your petitioning the court for a modification to set residential custody with you. The court will decide what is in the best interest of the child; you will have to show why living with you is best for the child and why you have thus far enjoyed limited visitation. In short, you should consult with a family law attorney.

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Answered on 4/17/02, 11:20 am


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