Can a mother get full custody after leaving state and leaving the children with their father?

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Can a mother get full custody after leaving state and leaving the children with their father?

My children’s father has had them since for 10 months. He will not let kids come live with me. I am wandering because kids have been there for so long now if I still have a chance at kids living with me full-time? I am in 1 state and the kids are currently in another. They were born there. We have child support through court and paternity that’s it. So no legal custody or visitation was established.

Asked on October 17, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so who has the legal custody of the children?  From the way that you have written the question it appears to be you. If you were never married and there is no custody order then you alone have custody.  Please get legal help.  Yes, you have a shot at custody but why you left them for this long may be a bump in the road.  You will need to do what ever you need to do in the state in which they reside.  Good luck.


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