Legal Question in Family Law in Maine
my handsome son
my sons father and i signed and had notarized a custody agreement in august in the state of maine.i have since learned that his father may be physically abusing him. There is a history of violence and alchoholism and i believe he has been in jail recently for oui.his third, i have no prof of any abuse only the statements my son has made to his 16 year old sister and myself before i make any complaints and make things alot worse for my son i would like to have him out of the line of fire. my son is due to visit me for the summer in florida.my question is ,is the agreement legally binding if it has never been filed in a court of law. also if i go to jail for refusing to return him to that inviroment will they send him back to his father before dealing with the alligations
trying to protect my young, thanx motherbear
1 Answer from Attorneys
Re: my handsome son
Florida law allows you to file an immediate lawsuit where you suspect a child is being abused in another state. The lawsuit allows you to get an order to keep the child in Florida while the matter is sorted out. But that lawsuit can't be filed until the child is physically present in Florida.
This may be a route to take, but if he is being abused now, you may not want to wait. It may be better to speak with a Maine lawyer or the Maine authorities now to determine your best course of action.
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