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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33716
Experience:  Attorney with 15 years experience
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I have my 12 y.o daughter here visiting summer. She

Customer Question

I have my 12 y.o daughter here visiting for the summer. She says she's being neglected and mentally abused living with her mother in FL. She insist that she does not want to go back to live with her mother. Her mother purchased a plane ticket for her to fly back alone unescorted. This child has never been on a plane and is very afraid and says she will not gets on the plane when I take her to the airport. Where do I stand legally?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Is there a formal custody order in place through the court?
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If so, have you ever filed a motion to modify the order to make you the primary custodial parent?
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thanks
Barrister
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
No custody order
Expert:  Barrister replied 1 year ago.
Ok, then if there is no custody order in place from the court, and you are on the birth certificate, then you and the mother have exactly equal custodial rights to the child. What that means is that whoever had her has a legal right to do so.
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So if you wanted to keep her there, you can. Mother's recourse would be to file a formal paternity action to have a judge put a custodial order in place stating when each parent would have legally enforceable rights to physical custody.
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thanks
Barrister

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