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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33730
Experience:  Attorney with 15 years experience
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I am a 25 year old single mother who was never married, but

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I am a 25 year old single mother who was never married, but have two children with my ex boyfriend. He recently moved to Florida (where I reside) to be able to spend time with the girls. Today I dropped them off so I could go to work and he called me later this evening notifying me the children were now with him in Tennessee. What legal actions can/should I take to have them returned? I am in no financial shape to take on a ton of legal bills, so is there anything I can do myself to have custody of my kids? Is what he did illegal?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Has the father ever been legally recognized by the courts as the biological parent?
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Does he have a custody order in place through the court
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Does he pay any child support?
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Thaks
Barrister
Customer: replied 3 years ago.

No to all of the above.

Ok, the he would have no legal right to take the children anywhere without your consent. If he has done so, then you can file charges of kidnapping against him and law enforcement can locate and arrest him. He would have to have been legally determined to be the children's parent before he would have any custodial rights.
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With that said, if you have contact with him and don't want to file criminal charges immediately, you can tell him that you will do so if he doesn't return the children immediately. This type of charge would be a felony so he may reconsider the trip once he realizes this. If he refuses, then you can contact the police and file the charges.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.

Does this also apply if his name is XXXXX XXXXX birth certificate? In other words could I still file charges if we are both on the birth certificate?

Did he actually sign the birth certificate?
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Thanks
Barrister
Customer: replied 3 years ago.

Yes

Ok, that changes things a bit. In FL, when a father signs a birth certificate, they are then presumed to be the biological father even without court action. With that said, both parents have custodial rights to the children unless there is a custody order from the court that limits each parent's custodial time.
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So since he would be legally considered the father, regular kidnapping woudn't work. You could possibly file parental kidnapping charges if you are the primary custodial parent (the live with you) and he has taken them so as to try to permanently keep them away from you.
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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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