Fort Lauderdale, FL asked in Family Law and Child Custody for Florida

Q: The children were taken from the mom in Hillsboro co they live with us in Broward where woukd mom file to get them back

I have permanent custody now where does she file for her custody back

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2 Lawyer Answers
Karen Rodriguez Ibarrondo
Karen Rodriguez Ibarrondo
Answered
  • Divorce Lawyer
  • Clermont, FL
  • Licensed in Florida

A: If the children were sheltered from the Mother in a dependency (DCF ) case and the case was closed permanent guardianship with you having custody, the Mother would have to seek to reopen the dependency case and ask for reunification. the Family Court will not be able to give custody to the Mother back if a dependency case was closed permanent guardianship. the dependency case would have to be addressed first.

Jean Richardson
Jean Richardson
PREMIUM
Answered
  • Divorce Lawyer
  • North Miami, FL
  • Licensed in Florida

A: She can file in either county. You mentioned the children were taken from her in Hillsborough county, this leads me to believe that there were court actions in Hillsborough for that to have happened. Venue would not be improper in Hillsborough if that is the case. If the children have been with you in Broward county for at least 6 months and you have domesticated the Hillsborough order in Broward, you can always argue that Broward county has jurisdiction over the children now.

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