Custody laws for Florida and Texas????????

Question

I am asking this for a friend. It is not TTC related, but I don't know who else I can ask and I was hoping that some of you may be able to help.

A woman has had full custody over her 12 year old daughter in Florida, the father lives on Texas and has no custody, but the mother allows daughter to stay with him over the summer..... This year however, he mother agreed to let her daughter stay in Texas for an entire year with her father and sign a notarized agreement that after 1year time the daughter is to go back to her mother (done outside if court and mother has full custody)

Well now the father switched to claim his daughters social security in Texas (instead of Florida without mothers consent), and just sent mother paperwork filing for full custody.

???? Is he able to do this? What is he likelihood of him being granted this? Also in what state would the decision be made? Florida or Texas?

I hope someone out there has insight to this.

Answer

I just have to ask, but what does the daughter want? Does she want to stay with her dad for a bit, or be back at home with mom?

Answer

Since the child is 12, the courts may let her decide where she wants to live. And the father is within his rights completely to file for custody. Depending on the judge they end up with, it can go either way. She needs to get a lawyer asap.

Answer

The notarized, out of court, custody amendment has nothing to do with his filing for full custody. While the original custody agreement is in effect, he does have to give her back after the one year, or else he will be considered "withholding" the child and in contempt of court. However, the standing order (and temporary amendment) does not limit him from filing for full custody. If he filed in Texas, it would take place in Texas. Likely, he'd have had to file in the court that has the jurisdiction over the case initially. He can't move a custody case to another state with out filing to change venue (which he can attempt to do, if he can prove he has lived in the venues area for, generally, over six months). I'm going to guess he filed with the county that has original jurisdiction over the child, and may or may not have requested a change of venue, but that's unlikely.

Answer

I don't think he is legally able to do this because of the notarized agreement, but a judge may also let the child determine who she wants to live with at this point. At 13 when I lived in Texas my mom who was also in Texas tried to fight my dad for custody, her lawyer told her the judge would just let me determine in the end (given that both homes would be beneficial to me regardless of choice). I'm sure it depends on the judge too.

Ultimately I'd assume the daughter would go back with the mother for the time being because of the notarized document.

Answer

I wish I could help!! And I hope someone who reads this is able to help her out I can only imagine what she's going thru :(

Answer

Yes he is and technically he doesn't have to give her back without a court order and the cops can do nothing with or without one. If the get an order and he doesn't follow it meaning the shared times and the cops are called they tell you it has to be done through court they can't help.  This happened to me :( it worked out in the end. Good luck and I'm sorry prayers her way are being sent.

Answer

Of course he is able to do anything he wants. Not sure about the the whole social part tho.
But anyways she is 12 and she can tell the court who she wants to live with. But really what mother would let her child leave for a whole a year that just seems crazy to me.

Answer

He can file for full custody whenever he wants. It has nothing to do with the 1 year agreement.

Custody laws for Florida and Texas????????

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