Ask Experts Questions for FREE Help !
Ask
    C L Richardson's Avatar
    C L Richardson Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 2, 2009, 10:04 AM
    A Mother's Right
    My 7 year old son and I live in Florida. His father is currently incarcerated for over 6 years now and will be released by the end of 2009. He went to jail in 2002 when my son was 11months. He wants his son to stay with him in California when released. However, I can not let that happen. I will absolutely die inside. Maybe for summer vacations or breaks from school I can agree upon. But, not to live there . Do I have more parental rights since I had my son for this long? What can I do?
    Cheery Cherry's Avatar
    Cheery Cherry Posts: 5, Reputation: 2
    New Member
    		  
    #2

    Feb 2, 2009, 10:16 AM


    I would go to Family Court and fill out a form to file primary (or joint) custody of your child, if you haven't already. I'm not sure how the family law is in FL, but in most states, if you have joint or primary custody of the child, the other parent cannot legally move away from the State that the child resides in without going to court.
    codyman144's Avatar
    codyman144 Posts: 544, Reputation: 31
    Senior Member
    		  
    #3

    Feb 2, 2009, 10:29 AM

    I am not a lawyer but I very much doubt that the father could win custody from you. Are you already divorced and have you already been granted custody of the child?
    C L Richardson's Avatar
    C L Richardson Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Feb 2, 2009, 11:23 AM

    I have never been divorced or have been granted custody.
    ANB428's Avatar
    ANB428 Posts: 450, Reputation: 42
    Full Member
    		  
    #5

    Feb 2, 2009, 11:26 AM

    You need to go to court asap and file for full custody. I am sure that a judge won't take the child from you and give him to a convicted felon who has been incarcerated for six years. Go to Family court and see what happens. Good luck!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Feb 2, 2009, 11:27 AM
    Quote Originally Posted by C L Richardson View Post
    I have never been divorced or have been granted custody.
    Then you need to get off the stick and get to court NOW. You need to file for divorce or, at least, a legal separation. As it stands now, he has equal rights with you. If he takes the kid and goes off to California, you will have a hard time getting him back.

    So you need to file the papers immediately to get Full Physical custody. You will also ask for full Legal Custody, but you may not get that. You also want to have supervised visitation.

    I strongly advise getting an attorney.

    You also don't say what he was incarcerated for. That may have a bearing.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #7

    Feb 2, 2009, 02:56 PM

    What Scott is saying is correct. Right now there are no custody issues that can be brought before the courts. You need to file for them in the order stated. Divorce / Legal Separation. And child custody and support. You need to act now before he gets out if you plan on going for full custody.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Happy Mother's Day [ 4 Answers ]

I wish you all of you beautiful women a Happy Mother's Day! May it be filled with love and appreciation for all you do! ;)

Mother's debts [ 3 Answers ]

Long story, I will try to make it short and to the point. My mother died 12/31/07, leaving close to 40,000 in credit card debt. We live in Michigan. The house is in a Trust with us 6 siblings, and for me to live in for my lifetime. I must pay all taxes, house insurance, $25,000 lien for home...

Mother's cc debt [ 4 Answers ]

My Mother recently passed away leaving the house to me through a trust. She has approximately $3K in cc debt. Am I legally obligated to pay her cc debt? CD

Mother's Day [ 5 Answers ]

Any suggestions on what to get my mother for mother's day? She already has mother's rings, grandmother rings, charms for the grandkids. She is just so picky I don't know what to get her. SHe is 47,if that helps. Thanks

Mother's Estate [ 1 Answers ]

My Mother passed away this past April leaving me a small amount of money in her will and leaving everything else to her 7 year old grandson. How long does it take for probate and my sister is threatening that I won't receive a dime. What should I do?

View more questions Search