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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter father has custody of our child, she has been

Customer Question

my daughter father has custody of our child, she has been with me the whole summer in North Dakota. They live in Florida. My child has been crying about not wanting to go back and staying with me. Her father is recently about to go threw a nasty divorce. She is suppose to get on a plane tomorrow for Florida what if I don't send her back. Can I get in trouble?
JA: Who has legal custody? Is there a child custody order in place?
Customer: He does. Yes there is. When I lived in Florida I got her every other weekend, split holidays and every other week in the summer.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 2 months ago.

Good morning. I certainly understand the situation and your concern. If the father has custody and your time is up with the child, she would need to go back. If you fail to do so, you could be held in contempt of court and he could even go so far as calling the police. You would need to have a legal basis to keep and withhold the child and would also need to modify custody and ask that it be awarded to you. Even though he is going through a nasty divorce, it does not mean that he is unable to care for the child and if he was award custody, there were legal findings to support it. I know the situation is hard but just because she wants to stay with you and not go back, does not allow you to keep her and refuse, since you could get in trouble, I am sorry to say.

Expert:  FamilyAnswer replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!