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

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

our divorce was in tn 6 yrs ago

Attorney Answers 6

Posted

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 because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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Posted

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 for educational purposes only and not as legal advice.

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Posted

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.

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Posted

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 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.

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Posted

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

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Posted

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 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 407-377-6828. 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.

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