Arvada, CO asked in Family Law and Child Custody for Florida

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

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Divorce Lawyer
  • Fort Collins, CO

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.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Florida

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.

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