My gyrlfriends ex husband filed a petition to keep their children. He lives in florida and she lives in georgia. She was only in florida for the holidays when she was served with this petition and now he wont give her back the kids and is telling her that she cant leave the state. Is this true. She also has had custody of the kids all their lives and they live with her in georgia. He just got them when they went to visit for the holiday and now he wont let them go home.
2007-12-29 08:18:07 · 5 answers · asked by DOTDOTDOT 2 in Politics & Government ➔ Law & Ethics
She must get a family lawyer IMMEDIATELY or she faces the real possibility of losing custody of her children. You don't say WHERE the original divorce decree was entered or how long she & the kids have lived in GA. It makes a difference as to where she needs representation -- she may need two lawyers; one in GA & one in FL. Her ex would not have done this without legal advice & advance preparation & payment of a local attorney some big $$. She's in for a big expensive fight.
2007-12-29 08:53:54 · answer #1 · answered by Anonymous · 2⤊ 0⤋
The ex has applied to the Florida courts to keep the children. It doesn't mean that the court has agreed. There will be a hearing at which your girlfriend can oppose the petition and show cause why the current custodial arrangement should remain. She should get a Florida lawyer to deal with the case and also to see if the petition grants the ex temporary rights so that the children will be forced to remain in state. This should also be contestable, as the children should be in school and it makes no sense to require them to change school systems in mid year and possibly have to change a second time if the ex loses.
Again, she needs a lawyer to contest the petition.
2007-12-29 16:25:26 · answer #2 · answered by St N 7 · 0⤊ 0⤋
If he is an ex-husband, that suggests that there was a divorce and child custody arrangement. The court that granted the divorce and assigned child custody still has jurisdiction over the children until it is transferred properly to another court.
If it was a Florida court that granted the divorce and child custody, that is where mom has to fight the petition.
Along with the petition, dad probably also requested temporary orders allowing him to maintain custody of the children pending the court's decision. Unless he got that order signed by the judge, the original court order controls and he may be in contempt of court by refusing to follow the order.
By all means, though, follow the advice of the first two answerers and retain a Florida attorney who practiced family law in the court where the petition was filed.
Good luck to you all.
2007-12-29 16:50:20 · answer #3 · answered by Prof. Cochise 7 · 0⤊ 0⤋
A petition is a request to the court to hear a case. It sounds like your friend and her husband never established a legal custody arrangement for the children and now the father is attempting to do just that.
If she had physical custody, but not legal custody, the father has legal right to keep the children until the court resolves the matter.
She needs to get an attorney right away. I'd be surprised if SHE can't leave the state, although she would need to come back for the hearing, but it is quite possible that the children cannot leave the state. Good luck to your friend. Namaste.
2007-12-29 16:25:09 · answer #4 · answered by browneyedgirl623 5 · 1⤊ 0⤋
Not until the Court agrees and makes an order the US and UK systems are similar in that respect. You need a lawyer
2007-12-29 16:39:46 · answer #5 · answered by Scouse 7 · 0⤊ 0⤋