Legal Question in Family Law in Florida
I have a five year old son with whom me and his father have shared custody over. In the paperwork we do not have a time sharing schedule and he has used that to take my son for months at a time as well as it does not say who actually is the residential or custodial parent. He also says I am contempt of court for moving out of state with our son but the paperwork does not say that at all. Recently we decided to try and come up with a schedule regarding time sharing and get it notarized. If he takes him will tjat be enough to get him arrested or in trouble even if that stipulation is put into the notarized paperwork.
2 Answers from Attorneys
If there is a parenting order in place you cannot move out of state without court permission.
Notarized will not go you any good as to custody of this child. You need a court order in place. If you do not have one, then file for a Petition for Custody, Visitation and Child Support immediately.
Depending on what you have in place right now will determine party if you are in contempt. However, since the father is also in contempt for not sharing custody of this child, it will be up to the judge to make a decision. you both need some parenting guidelines
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