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My son has a six month old daughter, they moved to Florida…

Customer Question
My son has a...

My son has a six month old daughter, they moved to Florida from Illinois two months ago. The mother of the baby has left and come back to their home twice since they moved. She is now moving out for good, but not taking the baby with her. She has no job, no place to live except friends couches, and my son won't allow the baby to go given these circumstances. He is flying out to see me in Arizona for Thanksgiving, he doesn't want to go back. They moved to Florida because of the girlfriend. All of our family is here in Arizona and he wants to stay here with us. There is no custody agreement, they've never been married, and my son has been the sole supporter. Would he be in trouble if he came here to Arizona and didn't go back to Florida? Does he need to do anything legally as far as custody is concerned?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in FL family court?

None

Lawyer's Assistant: Have they talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, when they first moved to Florida, they left the baby with the other grandmother so they could get the apartment set up and ready. The mother left my son two days after they moved, and he finally had to borrow money to fly back to Illinois and get his daughter. The mother had shown no interest in going to get her, and only came back to the house once the baby was in Florida.

Submitted: 8 months ago.Category: Family Law
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11/14/2017
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,351
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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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

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Good afternoon. Yes, your son should go through and take the proper steps, to gain custody of the child. I say this because if they were not married and there is no custody agreement in place, there is nothing in place to give him a legal right over the child and prove he is the father. The mother could call the police and allege that he kidnapped her and that he has no legal right to her. He needs to establish paternity and show he is the father and can then proceed and gain custody over the child, to keep her away from the mother if he desires. He would only get in trouble if the mother called the police and reported this, so he should try and get court ordered custody, as soon as possible.

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Family Lawyer: FamilyAnswer, Lawyer replied 8 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!

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