Family Law Questions? Ask a Family Lawyer Online.
Thank you for allowing me to assist you.
Is there an actual custody case in either state? If not, you are not required to return your child to her at the end of the summer. However, any new custody case would have to be filed in Florida. It would be a good idea to file in Florida. If you simply refused to return him, your ex could file in Florida and ask for an order returning your child to Florida. The chances of this happening are reduced if you filed in Florida first. It is also reduced if you have already had your son with you for more than a month.
If there is an order from either state, you must obey that order but you can request modification of that order at any time. You can request it on an emergency basis if there is an imminent danger to your son if he is returned to his mother's custody.
If you can prove that he has actually been living with his grandmother, not his mother, this would help your case because parents have more rights than grandparents. The Court will not allow a grandparent to have actual custody before a parent without showing that it would be detrimental to a child to be with a parent. Since you are a parent (I am assuming paternity has been legally established) you have priority over grandparents.
Do you have any other questions?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).