QUESTION
If we both sign and agree something, will they have to give me my son back?
Asked on Jan 20th, 2017 on Child Custody - Florida
More details to this question:
I am the mother taking care of my child. The father who lives in a different state would like to see my child. I would want my son see his father and us to have a notarized agreement saying drop off dates and pick up dates are. If the father tries to keep my kid, will he have to give him back once I show the police that document? There is no custody papers involved or anything.
2 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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You don't indicate why there is no custody agreement or child support arrangement, but it seems like this would be the appropriate time to formalize things so that you have a court order in place in the event that the father refuses to return the child, especially across state lines. This may something that you will be able to accomplish amicable, since he is now seeking to have timesharing with the child, which you do not oppose. Technically, in the absence of a court order and if you were not legally married to the father, as the birth mother you are the only person with any legal rights with respect to the child. That said, an interstate custody battle over a child is the last thing you want. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Mar 20th, 2017 at 5:57 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, the police will not have to give him back if you show them papers, unless those papers are a certified copy of a court order. Get this whole thing resolved by hiring a private attorney.
Answered on Mar 20th, 2017 at 5:57 PM