My daughter's father was supposed to bring her back Sunday evening. I went to his house to get her but he wouldn't open the door. Called the police but he wouldn't open the door for them either. Went to the courthouse yesterday and the Judge issued a show cause order but the hearing isn't until August. I went to my county's Commissioner and was told I had to wait 48 hours before I could file charges for kidnapping. Problem is, exactly at the 48 hour mark, it will not begin the time for his schedule visitation. Am I still able to file? (50/50 custody with me being primary)
The best thing to do is to get a family lawyer on your side. There might be a way to get an order entered by the judge now if you do that.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
You need a lawyer to file for an emergency petition for relief, as well as file a motion to shorten time to respond to the petition, and walk it through to the duty judge and get an instant order issued. This is expensive and will require a lawyer as a pro se party would never know how to or succeed in doing this on their own. It is probably not parental kidnapping just because he failed to return the child after his scheduled visitation, but it is a basis to change the visitation/custody arrangement, and it appears to be a basis for emergency relief.
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