Q: My son has had his 5 yr old back in Fl for 2 months. Can he file to keep him in Fl where he was born?
My son's girlfriend took their three-year-old to New Jersey for 2 years against my son's wishes. She would not send pictures or facetime. My son did not have the money to fight it in court. She put him in an abusive home and called my son to come get him because she could not take care of him and was homeless. My son has given him a lovely loving home for 2 months and wants to make sure that she can't take him back to New Jersey where she got a DUI. She can have joint custody but he wants his son to stay in Florida where he was born. There have been no official custody agreement.
Can she take him away?
A: Legally, until your son goes to court the mother has all of the legal rights regarding the child. He can file a paternity case in Florida, however the court may not rule on custody until the child has lived here for six months. Multi-state family cases can be complex so speak with a local family lawyer for more specific advice.
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