My daughter has a child with a man from Louisiana, where they both had lived. They never married. Recently my daughter called me to go get her and my grandson. I did, and they now reside with me. My daughter does not receive any kind of funding from this man. He has told her that he would call the police and tell them that she has kidnapped her own son, whom she is still breastfeeding. Now she is worried. I am asking your advice into this matter. Thank you for your time in this matter.Cordially,Laurice (XXXXX@XXXXXX.XXX
He has asked her to return, however this is not the safest nor best answer. We also would like to know about child support.
If there is no court order for custody, then it is not kidnapping. Though he can file a Petition with the Court for custody and have her ordered to return the child, if she is now out of state. If not out of state she can hold onto the child until Custody is ordered.
I will need to know if he is on the birth certificate to answer further.
General practice of law with emphasis in family law
yes, the father is on the birth certificate. she wants to stay in floridia for some time is there a problem with that? please note that there is contact between them. the father has stated that if she doesnt return in two weeks, that he will press charges. is this possible?
He cannot press charges. Without a court order, the police have nothing to enforce. He needs to go to court and have the court order her return, which a court more than likely will do
does she have the right to file to stay in florida and file here to ask for physical custody?
the father is not paying child support, and i am taking care of them financially, what are her rights?
also, i see that you practice in two other states, do these laws apply to louisiana and florida?
What I am telling you is correct for Florida and Louisiana.
She cannot file in Florida until she has been there for 6 months or more.
She can file for child support but it needs to be filed in the state and county where the child has an established residence and that is not Florida until she has been there 6 months or longer.
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