QUESTION

I have had my 10 yr old son for 2 years. I took him to see him mom for a week to PA I live in fl I drove to pa and she will not give him bk what can I

Asked on Apr 25th, 2015 on Family Law - Florida
More details to this question:
Where do I start to get him back. He has been in Pa for a week.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
Did you have your son reside with you as a result of a court order ? If so, and if that court order specifies that the Mother is not allowed to have the child with her at this time, then you need to file an Emergency Verified Motion For Child Pick Up Order (http://www.flcourts.org/core/fileparse.php/533/urlt/941d.pdf). However, make sure that the order you have is an order from a FL court. If the order is from a court of any other state, that order most likely reserved jurisdiction, and you would need to litigate in that state. IF, you and the mother were never married, then you will need to file a Petition to Establish Paternity and Timesharing. http://www.flcourts.org/core/fileparse.php/293/urlt/983a.pdf. From the facts you presented, you and the child lived in FL for 2 years, so state of FL would be the home state of the child, and you can file the Petition in a FL circuit court where you and the child reside.   Best of Luck, Helena Y. Farber ~Associate Attorney ~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com
Answered on Apr 27th, 2015 at 11:31 AM

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