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Can i take my child after serving mother with court papers for full custody. before a trial? or do i have to file domestic?

Hudson, FL |

mother currently refuses to inform me of any information about the child unless i call and complain to her and even then she still refuses to let me know where the child is. would i be wrong to say i want no contact till court date is set or ?

Attorney Answers 4


  1. Best answer

    You can't unilaterally decide she's to have no contact. Only the judge can make that determination. Do you have a trial date set? Are there any temporary orders in place? Are the two of you married?

    Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make more accurate legal determinations on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.


  2. No, you cannot do this. Her actions should be recorded in a notebook with the date and time and a brief description of what she has said, and done. This will work against her. Please read the provisions of Florida Statutes Section 61.13(3) for guidance as to what you can and cannot do. Both of you have an affirmative obligation to foster and encourage a close and continuing relationship between the child and the other, which is just one of the factors.

    R. Jason de Groot, Esq., 386-337-8239


  3. Taking the child by meaning refusing to allow the child to return to the mother is not advised. However, more information is needed here and I think some clarification as well. You honestly would best be served by contacting a local and experienced family law attorney directly and discussing over the phone.

    Many great attorneys can be found here on Avvo and offer free consultations.

    /s/ Ophelia Bernal-Mora, Esquire
    Law Office of Ophelia Bernal-Mora, P.A.
    37 N. Orange Avenue, Suite 500
    Orlando, FL 32801
    PH: (407) 354-5223
    Email: info@obmlegal.com
    Website: www.obmlegal.com

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  4. If you just take the kid and don't allow contact you will hurt your case

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