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i live in florida with my 2 children , my husband and i have seperated and 4 months ago he moved to california . My children missed ttheir dad so for summer vacation i flew them out to visit him for the summer with plans for them to come back to florida where we live and always have lived .Their ages are 10 years old and 5 years old. Now he just filed some paper work with the california courts to keep the children there , there are to court dates one is for mediation concerning the kids. He said I can not come get them . What rights do I have and can I go to california to get them or do I have to waite for this court date ?
Optional Information: State/Country of Question: Florida Already Tried: I WAS TOLD TO GO GET AN EMERGENCY E PARTE FROM THE CALI. COURTS SO IM FLYING THERE TOMORROW BUT WILL I BE ABLE TO TAKE THEM OR DOES HE HAVE THE RIGHT TO KEEP TTHEM. THEY HAVE ONLY BEEN IN CALI FOR 6 WEEKS
You can go to CA to get the kids but you should first obtain a court order from a court in Florida. The children are residents of Florida, as such your husband has to file for custody in Florida, not California.
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.