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Roger, Attorney
Category: Family Law
Satisfied Customers: 31593
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In the state of FL... a child born out of wedlock.. was

Customer Question

In the state of FL... a child born out of wedlock.. was living with grandma and dad lives next door mother one day comes to visit child and takes him out of state and leaves him at her uncle's house... Uncle and his family refuse to give child back to Dad...when this happened dad immediately went to court to establish paternity legally and ask for custody it possible for him to ask for an emergency Pendent lite hearing in order to get the child back from out of state until the final custody is decided?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no...I am asking on behalf of a friend who is experiencing this issue..
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best.
Customer: As I mentioned, child just turned 2 years old.. mom and dad were not married when the baby was born...both parents and extended family live next door to each other so the child has lived w/mostly grandma and dad after mom left... Mom asked if she could take child to dinner..was told yes and she picked the boy up... drove to TN and left her son w/her Uncle then came back the next day and that is how dad and extended family found out where the child was... Dad has tried to get child back from the family in TN to no avail... since they were all living together a court order was not established...father went and filed to establish paternity and request sole custody of the child etc... mother was served on 28 Feb... Family in TN refuses to return child and police in TN state they can not do anything unless Dad has a court order
JA: Is there anything else the Family Lawyer should be aware of?
Customer: not that I am aware of.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm licensed in Tennessee. I'll be glad to assist.

Expert:  Roger replied 1 year ago.

If there is no custody order currently in place, then the mother isn't doing anything illegal by having the child out of state and refusing to return.....the same would be true if the father took the child and refused to come back.

But, the father can file an emergency petition for a temporary custody order in FL since that's the state of the child's residence and then take that order and have it enforced in TN (through the full faith and credit clause of the US Constitution) and get the child back.

Expert:  Roger replied 1 year ago.

In order to do that, the father is likely going to need an attorney in FL to get this filed and possibly an attorney in TN to assist with getting local law enforcement to execute the order and allow the child to be returned.

Expert:  Roger replied 1 year ago.

Thus, it is possible to take emergency action, but it can be difficult to achieve -- especially when you're dealing with multiple states.

Customer: replied 1 year ago.
In the state of FL what would be needed to file or request an emergency hearing
Expert:  Roger replied 1 year ago.

Generally, you'd have to file a petition with the court and claim that the child is in some type of danger and represent that an order directing that she be returned home be in order to remove that threat.

Expert:  Roger replied 1 year ago.

The fact that the mother took the child and didn't say where she was going and should help support that position.