Wilmer, AL asked in Child Custody for Alabama

Q: I live in wilmer Alabama and I have full custody of my grandkids and their mother just moved to pace florida.she is

wanting the kids to come spend the weekend with her.i was told if I let them go to florida she doesn't have to bring them back.and there is nothing I can do about it even with the custody papers I have,is that true

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: If you REALLY have "Custody Papers," that is an order from the court giving you custody of the children, then she cannot refuse to return the children. Now, you know, there is often a big difference between what people do and what they are SUPPOSED to do. If your daughter takes the kids to Florida, and refuses to return them she could be in a bunch of trouble. In fact, if you have a custody order, this could amount to parental kidnapping. However, getting the kids back from Florida could be a long row to hoe. You may have to hire an attorney. You will probably need to go to the police, etc. But if you have custody, then she cannot legally keep the children from you...even if she goes to Florida.

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