My wife took my daughter from our home in Texas and is now with friends in Florida. There is no divorce filings started. And no custody agreements or anything filed yet. I am listed on her birth certificate. If I go down and take my daughter can she stop me in any way before actually going through courts? She doesn't take proper care of her, leaves her with people she barely knows and parties all night while my daughter is in the home. Can she call the cops if i take her?
You state your "wife" took the child and you are on the birth certificate. This answer is based on the facts provided that you are, in fact, married to the mother because absent same, you may not have legal rights established as to the child.
In Florida, if the parties are married, each has equal rights to the child, absent a court order to the contrary. So, technically, absent a court order you could take your child back to Texas. Because you live in Texas, and assuming the child has not been in Florida for 6 months, (and was in Texas for 6 months preceeding this)Texas courts should still have jurisdiction over the child. I would suggest, however, that you first consult with a Texas lawyer and either obtain a pick up order that you could deliver to a Florida sheriff for service on your wife (although it may not be enforceable) or file a Texas case for divorce, and then go get your child so you will already have a case pending in Texas to determine rights.
I must urge you to act within the 6 months, however, so you can still have the case in Texas. There may be a jurisdictional fight (Texas vs Florida) but you have a better chance now of having the case in your backyard versus hers.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Broward-Boca Raton-Miami-Dade
954-316-3496/561-962-2785
info@vovalaw.com
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