Keeping Child From Troubled Mother

by Tim from Daytona Beach, Florida, Volusia County

Keeping Child From Troubled Mother: I know the mother of my child is on drugs. She is getting evicted from her home and does not take care of him. He comes to stay with me most of the time. Can I keep him and not give him back to her while I am in the process of filing the paper work for custody. Or will that be considered as kidnap?

Answer to Florida Child Custody Question

Dear Tim,

If she agrees that your son should stay with you while she is in the middle of an eviction, that is fine.

If you refuse to return the child and she has legal custody, yes that would be considered kidnapping.

Judges do not take that lightly.

You would very likely weaken your argument for being awarded custody if you were to kidnap your son.

However, if Department of Children and Families is involved and advises you to keep the child with you, as it is in the best interests of the child, that is a different perspective.

Were you married to the child's mother?

Have you established legal paternity?

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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