Mother Left State With Son

by Kylin from Pensacola, Florida, Escambia County

Mother Left State With Son: My son's mom took my son out of state to Alabama. How do I get him back or find out if he's safe? I want custody of my son 50/50 or 100% if I can. My son is my everything and I love and miss him more to even say in words.



The reason they give for leaving the state was "because DCF called them to schedule an appt to check their house." I really need help to get my son back or to see him.

Answer to Florida Child Custody Question

Dear Kylin,

I'm assuming from your question that you were not married to your son's mother.

And I'm hoping that your paternity has been legally established.

You might have legally established your paternity either by signing an affidavit acknowledging your paternity; been named by the mother as the father and have been court ordered to pay child support; previously filed a Petition for Paternity; or entering your name into the putative father registry.

If you have already established your paternity in any of these ways, and there is an order for child visitation in place; or an action for child visitation that is pending; you can file a Motion for Civil Contempt And/Or Return of Children, form 12.950(g).

This form and other Florida family law forms approved by Florida's Supreme Court for pro se litigants can be found on the Supreme Court's website, www.flcourts.org .

Instructions for that form state in part: To initiate a civil contempt/enforcement proceeding against a “party who has relocated with a child contrary to the requirements of a prior court order, or is otherwise not complying with a prior court order concerning relocation, or in the event there has been a relocation in violation of Section 61.13001, Florida Statutes, you must file a motion with the court explaining what the party has failed to do.
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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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