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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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If two people are married and the mother moves the child from

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If two people are married and the mother moves the child from Florida to New York with
the intention of the father following in a few months Can the father bring the child back to Florida if he feels the mother is incapable of raisinf the child due to depression and drug addiction?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*



Hello,

My name is FiveStarLaw. I am licensed in both New York and Florida. That said, I will be providing you with information and not legal advice.

Can you tell me whether there have been any filings with the court?
Customer: replied 4 years ago.


There have been no court filings


Hello,

Thank you for your information. I shall strive to provide you with legal information. My answers are information only and do not form an attorney/client relationship.

If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button. When we are done, please take a moment to click the rating tab to rate my work. My goal is EXCELLENT and I hope your rating reflects that.

Q - Can the father bring the child back to Florida if he feels the mother is incapable of raisinf the child due to depression and drug addiction?

A - Yes he can provided there is no breach of the peace and no court order

Here's why.

Absent a court order or proceeding concerning the child, the parent in possession of the child has custody and can choose whether to allow the child to visit with the other parent.

This means that without a court order concerning the child, both the mother and the father have equal rights. The parent that the child is with has the right to relocate or travel with his child as he sees fit and to deny visitation to the other parent.

I think this is what you wanted to know. Please let me know if I have answered your question or whether you would like further information
Ellen and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.


My question is can the father take the child back to Florida without the mother's consent. They are not divorced or legallyseparated. If she says no can he take the child?

I apologize that my answer was not clear to you. Yes the father can take the child back to Florida without the mother's consent. The father can take the child "out for ice cream" and return to Florida with the child. The only thing the father cannot do is forcibly take the child away from the mother since there is not a court order

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