Anything is possible, but in the situation you are describing, it sounds unlikely. If a divorce action was filed and she was served, she was not allowed to move more than fifty miles without your permission in writing or a court order. Fleeing in the middle of the night really sounds suspect. It is more likely that her contact with the children will be restricted, if the scenario you are suggesting is factually complete.
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It is not necessary for them to stay there just because they've started school. If the judge deems that FL is the state with jurisdiction and the mother took them out of the state without permission or a court order, he/she will order them back regardless of the fact that she put them into a school in this other state.
This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.
I have been practicing in St. Petersburg for more than 6 years. The answer will depend on the pleadings, any prior orders and why your Wife moved. St. Petersburg has great Judges who will listen to both sides and rule accordingly.
Do you have an attorney assisting you? If not, you may want to contact one that works in that court.
This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445
I assume you have filed this motion without the assistance of counsel. You should know that judges in Florida and everywhere else for that matter treat the issue of child custody and removing children from a jurisdiction with great caution and trepidation. They are all extremely sensitive to how easy it is to harm children caught up in a custody fight, more sensitive that some parents. There are twenty, count 'em, twenty factors in Florida Statute 61.13 regarding how the court MUST approach custody and timesharing, and there are thousands of appellate court decisions that interpret the statute. For a person with no training and no litigation experience to file a motion to return children is about as smart as trying to build yourself a rocket to the moon. If you care anything at all about your kids, hire a lawyer, sir, before you blow yourself up and destroy any chance you have of helping your children.
It's very difficult to predict what a judge will do under such circumstances.However, I would strongly suggest that you retain an attorney as soon as possible. Good luck
Bill Rosenfelt (407-462-8787)
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.