Deltona, FL Divorce Law Firms & Lawyers

Mr. Scianna, Run...don't walk... to an attorney on Monday.   You do not say where your wife went, but for the purposes of your child, Florida  is the "home state" where matters relative to the child are to be determined..provided the child lived here for 6 months prior to your wife leaving.  You have a right to request from a Florida court that an order be entered to return the child to Florida.   Assuming there are not other factors at play that you have not put in your question, you may well be able to obtain from a court a "pick up" order to have your child returned to Florida. At the very least, since you mention another order of court from another state, the Judges can get on the phone with each other and attempt to sort out the competing state issues. Also, if your marriage is over, then Florida is the proper state to hear the divorce as well since this appears to be the last state your wife and you lived together.  There are a lot of complicated issues involved in situations such as yours.  The best bet is to immediately consult with an attorney who can get more of the facts, and take immediate action to help you get your child back. Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com

If you are prepared to sign a document that says there are irreconcilable differences in your marriage (which it is clear there are) you can get a divorce. I suggest you go to the self help window at the court house in your county to get things started and for a little guidance.

Yes, what your ex-wife is trying to do is possible. All kinds of fraudulent behavior in the courts is possible. I'm not saying that being possible makes it right, but courts are clearly biased against men (it's getting better for men in divorce, but there is a still an unacknowledged presumption that men are nasty, violent, deadbeats), so an ex-wife who sabotage's visitation and then claims the father blew off visitation is a claim many courts are willing to entertain. Your job is to gather the evidence to prove that she created the very circumstances she now complains of. Get the best divorce attorney you can find you'll need one.