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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13487
Experience:  19+ Years of Legal Practice in Family law matters.
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my son has lived with me in LEE county Florida 5yrs. his mom

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my son has lived with me in LEE county Florida 5yrs. his mom lives in Miami Dade county Florida where we got divorced. I never stopped paying her child support even doe my son lives with me.i was just happy to have him. But now she wants to take him back he is enrolled in school and is 16ys.can she take him?

Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing family law for 19+ years and look forward to assisting you.

With regard to your post:

my son has lived with me in LEE county Florida 5yrs. his mom lives in Miami Dade county Florida where we got divorced. I never stopped paying her child support even doe my son lives with me.i was just happy to have him. But now she wants to take him back he is enrolled in school and is 16ys.can she take him? Yes, at this moment, since there is a Court Order saying she has custody, she can. However, you can immediately file a motion for temporary custody based on the the facts you have noted and can clearly prove, temporary stay of YOUR child support obligation and start of mom's obligation - all pending a hearing for permanent court ordered modification of Child Custody. Note that if for some strange reason, a judge ordered the child back to the mom, you can move asking for a credit for the 5 years of payments you made to the mom while she failed to take custody of the child, so that you may not have future payments to make. However, back to the offical change in custody to you - it is highly likely, particularly if there is no reason not AND the child himself wishes to stay with you. His desires can be considered by the Judge and at 16, are often conclusive if there is not some big bad factor to the contrary.

 

 

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Customer: replied 3 years ago.


we have joint custody.but she gave him to me in dec. 07.so if she comes to pick him up befor I see a judge I have to give him up?and do I just go to the court to file the form or find a lawer?thanks and sorry for all the help.

Well, "technically" you can be held to be noncompliant with the existing Court order IF the time she comes is expressly dictated as her time. The trouble comes in if she grabs a cop, shows him the court order of custody, and brings him with her. The cop will read the order and not try your case to learn if you are right about history. However, that being said, rarely to parents grab a cop and OFTEN, cops mistakenly think it is only a civil matter, when custodial interference is actually more than civil - it can be criminal. I'd rather see you make your motion, pro se or otherwise.

HOWEVER, I would think it unlikely that a Judge would find you in contempt even still, if you just refused to bring him on a particular day, after you prove that she has failed to exercise her parenting time on that day of the week for 6 years. But, you can file a motion tomorrow - your court likely has pro se forms for you to use. It will be the same cour that issued the original order.
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