Defuniak Springs, FL asked in Divorce, Family Law and Child Custody for Florida

Q: Wife flew to see her mom with kids. She said she has tickets to come back monday. Now she isnt. Is that false pretense?

My wife's little sister came to see us. After staying a little over a week, my wife flew out Saturday to take her back. This time she took our kids too so that they can see their grandma. She said they have tickets to come back Monday so my daughter only misses one day of school and rhwy can spend a day with her mom. They packed just enough for a day. Now that she is there, she calls me and tells me all these things about leaving if things don't change. We ended the call with I love you. Today is Sunday and no one is answering their calls. I am getting a feeling her mother, sister, and grandma (all divorcees themselves on their 2nd to 5th husband) are convincing her to stay and not come back. Would all of this be illegal and constitute a false pretense? I wouldnt have let her take the kids if this was going to happen. There is allot to unpack here with information, but this is the situation right now.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: The courts here in Florida have exclusive jurisdiction over the children's' custody for the next six months. So if you wife were to sue for divorce including custody she couldn't sue in whichever state she took the kids to.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: The answer you received from Mr. Thorgaard is correct.

I write merely to suggest turning this situation around and considering filing for divorce yourself, before the mother of your children does. The Court might not have jurisdiction over the children if she stays gone too long.

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