Your son should immediately retain counsel to assist him. If they are in the middle of a divorce, he can seek the return of the minor child if she did not have the court's permission to relocate and, if there is no divorce currently pending, then he can initiate proceedings, most likely on an emergency basis, for the immediate return of the minor child. I would encourage you to have him consult with an attorney as there are facts and circumstances that would effect the analysis based upon the exact situation; but please know, that if she left absent a court order authorizing her to, your son has an ability to seek the immediate return of the child. Best of luck to you and him.
Tami L. Augen Rhodes
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
If there is a current court case (open or closed) he can file an emergency motion. There is a relocation statute, which governs child relocation and governs the process one must take. Relocating with a child requires court permission. If a parent imporperly relocates with child, the court may order the child be return to the jurisdiction. Hope this helps. Since these cases may get complicated, you will definitely need to hire an attorney.
Please be advised this is for informational purposes and should not be construed as legal advice. Please also be advised that this does not create an attorney-client relationship. The information provided is solely based on the information you provided and should not be construed as all inclusive and/or final. You should contact an attorney to discuss this matter further. Milton Acevedo, Esq. Acevedo Law Firm (407)792-2675 or (813)440-2166 info@AcevedoLawFirm.com
If there is a divorce proceeding pending your son needs to immediately file an Emergency Motion for the return of the minor child to the State of Florida - certain requirements need to be met before a parent can relocate a child more than 50 miles from the location of the parent’s principal residence at the time of filing of the divorce. If there isn't a divorce currently pending, your son should immediately file for divorce and file an Emergency Motion simultaneously with his Petition. I strongly suggest that your son contacts an attorney to assist him due to the complexity of the issues he is facing.
Consult with a local attorney about the specifics of your case and a possible emergency motion filing. A skilled attorney in your jurisdiction will be able to inform you of your options, after hearing the facts of your case.
This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.
Just in case you wondered the UCCJEA or Uniform Child Custody Juris and Enf Act will undoubtedly require any custody action, now known as parenting plan and time sharing, to be litigated in Florida as Fla will be the home state so long as they had been here at least 6 months.
This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.
If there isn't a divorce case open, he needs to retain counsel immediately and file for divorce. Then he can seek the return of his child through a number of methods. Good luck but act quickly.
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.
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