Q: I left the state of Florida without the permission of the father there are no court orders, can I get in trouble?
I left Florida about 7 months ago to get away from my ex. He is now going on about how I can get into alot of trouble and he can make it to wear the state forces me to move back. He has not done hardly anything for our daughter and I have been taking care of her soley for over half her life. Can I get in trouble for parental kidnapping without anything but his name on her birth certificate
A: If there is no court order or litigation involving the children when you left, you should be able to the leave any state without any civil or criminal violations. Kidnapping charges vary by state, but usually require a pre-existing court order (which is being violated) or some concrete and immediate health/safety danger to the child before the DA would even consider charging parental kidnapping. Colorado gains sole and exclusive jurisdiction over the child once the child has permanently resided in Colorado for at least 6 months plus 1 day. If Colorado has jurisdiction over the child, any litigation involving the child can only occur in Colorado in the county where the child currently resides.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Florida
- (813) 592-5000
- View Profile
- Answered
A: You should really be posting this in the Florida family law section. If Florida's laws are like Colorado's and the situation were reversed, you would not be in trouble. Additionally, presuming Florida's laws are like Colorado's, if he failed to file a custody case within 6 months of you leaving, Florida lost jurisdiction. If you want certainty, and presuming your child has been in Colorado for 6 months or more, you should consider filing a case here.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
