Los Angeles, CA asked in Child Custody, Divorce and Family Law for Florida

Q: What legal rights do I have if my soon to be ex-wife refuses to send back my son, We live in Florida she lives in Texas?

My wife and I are in the middle of divorce, my 16 year old son went to visit his mom for one month this summer. She is now refusing to send him back. He has lived with me for the past three years in Orlando, FL. There was never a formal custody arrangement, she just one day dropped of the kids.

2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You say that you are in the middle of a divorce. If you are in court then you need to notify the Judge that the mother is refusing to return the child. If you are not in court anywhere then you and mom have equal rights. You should file as soon as possible and then ask for return of the child.

1 user found this answer helpful

Mr Eric Klein
Mr Eric Klein
Answered
  • Divorce Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: You should immediately file an Emergency Motion for a Pick-up Order in the divorce case. Good luck!

1 user found this answer helpful

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.