Im divorced and my daughter has lived with me for 1 1/2 yrs but her mother has custody. she now wants her back.

Asked over 1 year ago - Orlando, FL

i live in FL and my ex lives in alabama. my daughter does not want to go back she is 15 has been in school here in fl the whole time what can i do ? divorced for 6 yrs i have custody of my 2 sons 18 yrs old and 17 yrs old. other than her mother and step father there is no family in alabama my daughter moved here due to cronic migraines and we have online school where in alabama the mother was going to be arrested due to how much school my daughter missed for medical

Additional information

our divorce was in tn 6 yrs ago

Attorney answers (6)

  1. Jason Brian Phillips

    Contributor Level 12

    Answered . I am sorry to hear you are going through this. The facts as you present them are unclear as to offer any type of legal analysis as to what you can expect. If you would like to speak with me directly, I offer a free telephone consultation. 407.237.0192.

    This response does not constitute, imply, or create an attorney-client relationship. The information provided is... more
  2. Gregory Thomas Buckley

    Pro

    Contributor Level 18

    Answered . It would appear that you need to file a Supplemental Petition to modify the original Final Judgment. At the age of 15, your daughter may or may not be allowed to testify as to her preference of where to live. Given the additional medical factors, you should have a good chance to convince the court that it is in your daughter's best interests that she remain living with you.

  3. Joanna Marie Mitchell

    Pro

    Contributor Level 15

    Answered . You need to consult with and retain an attorney to assist you. From what you have stated, it is not clear what the mother has initiated, if anything, or what orders currently exist. It sounds as if you may need to domesticate your out of state order and potentially modify it here. If your daughter has been here for the past year and a half, alabama may have lost jurisdiction over her, presuming that is where your current order of divorce was entered. As stated though, you need to discuss your matter with an attorney in order to best determine your potential rights and options.

    Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.


    Joanna Mitchell
    Mitchell & Associates, P.A.
    614 E. Hwy 50, Suite 327
    Clermont, FL 34711-3164
    PH: (352) 324-2444
    FX: (352) 324-2229
    Email: jmitchell@mitchell-pa.com
    Web: www.mitchell-pa.com

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  4. Michael Ferrin

    Pro

    Contributor Level 8

    Answered . Based on the limited information provided it would seem that you may want to file a Petition for Modification of Custody. Where you file the modification would depend on where your divorce was filed. If neither one of you live in the state or area where your divorce was filed you could have the case transfered to your jurisdiction and handle the modification where you currently live with the child. If you would like to discuss your case please contact me at my office below. You can also visit my website for more information

    Michael Ferrin, Esq.
    Anderson & Ferrin Attorneys at Law P.A.
    1214 E. Livingston St
    Orlando, FL 32803
    Phone (407)-412-7041
    Fax (407)-802-2283

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements

  5. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    Answered . Please feel free to call my Orlando office for a free initial consultation to discuss these matters further at 407-377-6828.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  6. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . This is far too complex a case to come to any conclusions online. Please goin ASAP and consult with a local custody attorney. The attorney should have experience and knowledge working with the UCCJA. Uniform Child Custody Jurisdiction Act that all states recognize. it is urgent that you go in now.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more

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