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Can I file a motion against my ex-wife for sneaking my son to Georgia and telling me it was for a vacation when it wasn't?

Saint Petersburg, FL |

I live in Florida and there was a rumor of my ex-wife moving to Georgia with my son. She never said a word to me and I told her she can't take our son out of Florida without the permission from a judge. She said I was acting irrational about a "vacation". She sold everything and snuck to Georgia anyway & are staying in a homeless shelter. She didn't let me see my son or to say good-bye, though I was against my son moving so far away. His mom has used my child support for cocaine instead of using the money for my son's needs. She refuses to get or keep a job so she uses the child support money to feed her drug habit. Is this not illegal for to just take my son and treat me as if I have no rights? What can I do?

Attorney Answers 6


  1. Best answer

    Your ex-wife cannot relocate with your child unless and until a Petition for Relocation is filed and granted. Since this did not happen, I strongly recommend that you retain an attorney and file a Motion for Contempt for violating the parenting plan, a Motion to Compel her to return the children, and possibly a Motion for Modification depending on the circumstances. You really need to speak to an attorney regarding your rights and the particulars of your case.

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  2. You really need to hire a local attorney quickly. You need to file many motions and the best way to do this is through an attorney.

    R. Jason de Groot, Esq.,


  3. I agree with the other posters. You need to speak with an attorney ASAP. A lot needs to be done on your case very quickly. You can file a motion for return of child and a motion for contempt.

    Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.


  4. If the child is living in a homeless shelter, then you need to have an Emergency Motion filed. You also should pursue a Supp. Petition For Modification (seeking custody). Assuming she hasn't been in GA with your son for at least 6 months, then this should be filed asap in FL. As you won't be entitled to a "do over" if things go wrong, I strongly suggest retaining legal counsel to handle this.


  5. She cannot leave the state without your written consent or a court order, so you need to file papers with the court to get the child back here asap.


  6. I agree with the attorneys that have urged you to hire an attorney immediately and to take immediate action. Your child is clearly in danger with this person. Act now.

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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