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Did Father have any right to take minor child away from the state of Florida during her school time? What can I do?

Palm Bay, FL |

We are divorced and have a 9 y.o. Final Judgment with basic parenting plan and Mediation agreement in place. I am in Europe now, and usually call my daughter on Skype every day. I haven't heard from her for a few days and when I called Father, first he would not pick up the phone, but then I was able to talk to my daughter. I was shocked when she told me that she cannot talk to me on Skype because she is on her way to Carolina. Florida is the home state in the court papers. Today is Thursday and she has to be at school. Father took her without notifying me to another state. As I know, neither Final Judgment nor Mediation agreement allows him to take her out of state, except for summer vacation with a 2-week notice. To me this feels like parental kidnapping, what should I do?

According to court papers I am a primary parent, and father had 2 midweek and every other weekend visitations.

Attorney Answers 2


I'm a little confused about why you are in Europe if you are the parent who is supposed to have her. I think you need to have someone review your judgment and agreement and talk to you to get more facts in order to advise you about this situation. But yes, the child should normally be in school.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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I agree with my colleague. The answer is wholly dependent upon the contents of the Marital Settlement Agreement and Parenting Plan incorporated into the Final Judgment. Consult with a local attorney to provide more information.

This response does not create an attorney-client relationship. Unless you are already a client of Moser & Moser, P.A., pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Melissa Engle Peat,, 321-733-7303.

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