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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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what steps does the father have to take to obtain a court order

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what steps does the father have to take to obtain a court order to gain the right to bring his child back to Florida from New York
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Thank you so much for directing your new question to me.

The father will need to file for divorce and custody . When a custody action is filed, it must be filed in the home state of the child. The home state is the state in which the child has lived for the six months prior to filing. This is where jurisdiction will remain. Based upon the information in your post, I believe that the home state would be Florida.

Typically it would be best to have possession of the child's prior to filing the custody action. If the father can convince the mother to allow him some unsupervised time with the child in New York, he may be able to use that time to return the child to Florida

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