Dallas, TX asked in Family Law for Kentucky

Q: Can I go get my kids from KY. If I granted temp to other party in FL? What are my choices

Willingly gave temporary custody to my sister So i could do two years in prison. She's moved from FL to KY. And is fighting me for them. What rights doni have as far as getting them back. They are miserable and want to come home. My 15 and 14 yr old are doing drugs and vapes. They are stealing and acting out. All of which they never did while I had them. I'm a good man and father. I just want my family back. I paid my debt for dwls. And now I can't have my family because I can't afford a lawyer yet. Someone please help me. From what I've read so far. Them moving to KY. Makes it an interstate custody case. And since neither I nor my kids live in FL. They are in KY and I'm in AL. That FL no longer has jurisdiction over the case. Am I right on my readings or not?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: No. If you lawfully have her temporary custody, you will have to go back to court to regain custody from her if she won’t relinquish it voluntarily. You may be able to file in Kentucky depending on how long the kids have been there.

David Luther Woodward agrees with this answer

A: Did you enter into a written agreement in Florida when you handed the children over? If you did not, then my Kentucky Colleague's answer here is what you need.

I am not a Kentucky lawyer, but you surely do need one, and now.

Good Luck

d

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