Worried

[worriedgrandma]

Hello and thank you for taking the time to read and answer

My daughter who has 2 children with her husband moved back home to NY from Florida with the kids. Her husband told her to leave. We bought the train tickets, he drove them to the terminal to get on the train and a couple days later, they were home.

I'm not seeing a reconciliation in the future and he is now telling her he is going to make her send the kids back and he wants to get custody of them. This is all of a sudden since she decided to go out for an evening leaving the kids in our care.

Can you please explain as best as possible what her rights are here? NY laws are quite different from Florida laws, I imagine. Can he go to court and make her go back with the kids even though he is the one that pushed them out?

Thanks again for your time.

[Attorney Allison Belcher]

As I am only licensed in the state of Florida, I can only advise as to Florida law. Your daughter can file for divorce in florida after being a resident for 6months. In Florida, both parents have rights to the children and unless there is a case pending (divorce, custody - etc) the Father cannot go to court and force the children back home. Or, if the father has a court order stating he has custody and then the mother leaves the state, then the father can go and get an emergency pick up order. Other than that, either parent has 100% rights to the children if the parties are married.

As for what her husband can do in New York, I would suggest contacting an attorney in NY for advice.

Allison Belcher, Esq.
7623 Little Road, Ste 200B
New Port Richey, FL 34654
727-844-7676