Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“About 9 months ago I decided to move to Atlanta, Georgia from Miami, Florida. When I moved to Georgia, I let my
daughter’s father keep her until I got on my feet there in Georgia. I have a son from him as well I took my son and left my daughter in FL with him. I was in GA for about 1 month when I heard from my daughter’s father’s mother that he (my daughter’s father) had been arrested and was looking at serving time in prison due to his arrest. At that point I was still trying to get things together and the grandmother said that she would take care of my daughter until I was financially able to take my daughter back. It has been 9 months now and I want my daughter back with me.
Because her father finished serving his prison sentence and because he’s not an American Citizen he is in Krome detention center awaiting deportation to his country of his birth. The grandmother will not let me see my daughter and will not give her back. What can I do legally to get my daughter back with me. I don’t know what to do, and the family are also saying that my daughter’s father’s brother want to adopt my daughter. I don’t want that to happen, can they just take my daughter away from me? Please help because I want my daughter back with me.”No, they cannot ‘just take your daughter away from you’, however, it seems that despite that they have.
Question: Assuming that you have custody (and a court order to prove it), you should be able to go to Florida with your court order, and have the police escort you to where your daughter is, and retrieve her. You will want to be very careful when you do this, as you may only get one chance before the father’s family figures out what you are up to, and they could go into hiding with your daughter.If you do not already have a court order awarding you custody, you will need to first hire a good family law attorney in Florida, and have them file a request for a hearing and emergency court order granting you at least temporary emergency custody, at which point you can have the police escort you to get your daughter.
Answer:
In any case, you will need to be in Florida to get this done.
