Q: I live in Florida but my son was born in Tennessee he lives with me in Florida. I sent him to Tennessee for summer and
Now his father won’t send him back. Also says he is going to file for custody. My son in enrolled in school up there but was supposed to come back at the end of this month.
A: Has there not been any court action concerning custody? If not, you have six months from the time your son was last in Florida (earlier this summer, I gather) in which to file suit for custody in Florida. The father cannot file suit in Tennessee unless the child has been in Tennessee for at least six months. Both states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which so provides.
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