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Is there a time limit on filling for custody of your child when the custoidal parent has moved out of state?

Canton, OH |

my husband and i decided to volunteerly give my mother custody of our son due to cps and drugs in our system. On the night of june 19th she and my brother, who she was living with at the time decided to leave for florida. they have been living there ever since. I was allowed to talk to my son and webcam with he up til september 2, after my husband sent my brother and email. i havent talked or see my son since then. we are on a tight budget and are trying to save for a lawyer but i was wondering if there was a time limit in filling for custody.

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Attorney answers 2


When you say you gave your mother custody, did you do this with a court order or was it an informal agreement?

This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.


Attorney Hamayel's question goes to the heart of the issue. The answers are different depending upon the situation. However, I would note that Florida may well become the "home state" for custody issues after the child has resided there for six months, so in that sense, there is a deadline. Please contact an attorney and file the appropriate actions as soon as possible or you will likely loose the natural advantage you have as the parent of the child.

IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at:

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