How do I legally revoke residential custody from my mother?

UPDATED: Apr 2, 2012

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How do I legally revoke residential custody from my mother?

I am the primary custody holder of my daughter but she has been living with my mother. I gave her residential custody so that she could get her insurance and do what she needed to for her schooling. My daughter is 7 and I want her to come back to live with me soon. My daughter lives in one state and I want to move her in with me her in another. She is completely aware of the situation and is completely willing and wanting to move with me. Also, her father is in the navy and rarely ever sees her. Do I need to serve him papers to move her to another state?

Asked on April 2, 2012 under Family Law, Florida


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

Answered 10 years ago | Contributor

How wonderful that you and your daughter will be reunited.  You do have some obstacles to overcome, though, and so you will need an attorney to help you. First, one needs to read what document you signed and see if you can just revoke the custody agreement or you will need a court to help with that.  Next, you are going to have to either get consent to mover her to another state from her father or the court.  Good luck.  

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