Gainesville, FL asked in Family Law, Child Custody and Child Support for Florida

Q: If I let my children visit their mother out of state for a month, is she untitled to give them back?

My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring the kids back? They always have live and go to school here in Florida. What can I do to assure that the kids come back home after visiting their mother for a month?

1 Lawyer Answer
Rand Scott Lieber
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  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on the last nine years but it could still be a costly process. Speak with a local family lawyer for more specific advice.

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