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My son a child that lives in florida with her mother, They…

My son a child that...
My son a child that lives in florida with her mother, They have never been to court for custody or visitation rights. If my son takes his daughter, is it considered kidnapping?
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Answered in 7 minutes by:
12/2/2010
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
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Dear JACUSTOMER - In Florida the mother has the right to custody until there is a court order establishing the father's rights if the parents are not married. So unless they are married, which I assume they are not, your son could be charged criminally if he takes the child without the mother's permission.

 

If the child is in danger he should contact child services and apply through the court for custody. The proper method is for him to establish custody and apply for a court order for visitation and/or custody. The courts do not want children to become a pawn in the relationship between the parents and want an orderly, stable means of raising children.

 

I would have him get a court order and not risk hurting his chances of future custody or visitation.

 

Dave Kennett

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Customer reply replied 7 years ago
So what if the child is left with the mother ex-boyfreind, can my son go there an take her?

I would not advise this since your son has no legal right to the child until he is legally determined to be the father. If he has never filed for paternity there's no legal status. It is really very simple to file for paternity and become the legal father and then file for custody or visitation.

 

I understand the boyfriend has no legal right either except that, presumably, the mother placed the child in his care so he had consent of the custodial parent.

 

Dave

Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,690
Experience: 25 years experience as practicing attorney
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You said there were no court orders in place however if there is a court order for support then he would not have to establish paternity only get a visitation order. He should be getting visitation every other weekend and probably one evening a week but he needs to get an order from the court.

 

Thanks for using our service

 

Dave

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