Mother goes to jail

[paphina]

My fiance and I had physical custody of his daughter from last summer until this April after the mother abandoned her with us saying she had to be in the hospital but failed to come get the little girl upon her release and several days after. Recently she came to get the little girl for a weekend and filed false abuse claims and has denied us any access including phone. These has since been found to be untrue with no substatiated findings.

This mother has been arrested twice in the last 5 mos and is going to be arrested again very soon for a probation violation resulting from the second arrest. She has three children but only one with my fiance and she generally leaves them in the care of her mother when the instances arrive.

I woudl like to believe that his rights as the childs father, combined with teh fact that the two are still legally married, trump the grandmother's rights and if sentenced to any amount of time he should be able to simply go pick his daughter up. Is that accurate? Also what are the legalities of travel out of state? We have vacations planned this summer and would like to be able to take her with us.

Thank you for this service

[Attorney Howard Iken]

Parent rights definitely trump that of grandparents. But without a court order you may be relying on the police to help you retrieve a child. And police are unpredictable and unreliable in those types of matters.

So it may be a better course of action to get a court order in the proper jurisdiction.



Attorney Howard Iken
The Divorce Center


Offices throughout Florida
Free Consultations



Divorce Attorneys in Florida


child support Custody Alimony Divorce Steps Asset Division Divorce Mediator Bankruptcy