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Q:     Is it possible that I have a warrant for my arrest?  The father of my 5 month old son just told me that there is a warrant out for my arrest. He is… Scroll down to read more!

Q:     Is it possible that I have a warrant for my arrest?  The father of my 5 month old son just told me that there is a warrant out for my arrest. He is the biological father of my son, but he is not on the birth certificate or anything. He has no legal obligation to my son and I have not put him on child support. We lived 4 hours away from each other in Florida, but I moved to Texas 3 days ago because my family lost the house in Florida. He was upset and said he wanted the address to where I was in Texas. I didn’t give it to him because he was threatening me. I guess he called the police in Texas and now he claims there is a warrant for my arrest for kidnapping. Is that even possible? There is no court order and he is technically not my son’s legal father as of yet. What are my options? What should I do? Florida has jurisdiction of my son.
A:     Chosen as “Best Answer” by Asker!
Answered .  I don’t know if you have a warrant or not (anything is possible) but I do know that, absent a Court Order restricting your parental rights, it is legally impossible for you to kidnap your own biological kid. 

So if that is “His” claim then I call “BS” on it.  (Note that this does not preclude the possibility that “He” found the world’s dumbest cop in the world’s dumbest department… there’s a reasonable possibility that both exist here in the 305, but while this is “possible” this remains well beyond the realm of the “probable”).

There are rules in FL about relocating a minor w/o a court order (See F.S. 61.13001 – http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html – which makes it unlawful to move a child sans a Court Order more than 50 miles from her/his residence) but this only applies where the child is subject to the UCCJA (Uniform Child Custody Jurisdiction ACT) and another parent / person has legal rights to the child.  In this case, absent a declaration of paternity even that would not apply to you, leaving you free to relocate with neither permission being required nor your being subject to prosecution for your unilateral decision.  “He” is free to file a paternity case and establish parental rights, but that has no bearing on what you have done.  Yup… I definitely call “BS” on this one.


M
y advise:  Establish TX residence for you and your child and force him to levy and family law fight there.

I hope I’ve been helpful to you.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.


At Michael A. Haber, P.A. “Its all about reasonable doubt”.
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Kidnap #Kidnappiong #Relocatipn #ChildCustody 

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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12555 Biscayne Boulevard, # 893
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  • 5 star review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • 5 star review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • 5 star review  Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016
  • 5 star review  will be my go-to guy should the need arise..

    Marcy Orth Avatar Marcy Orth
    October 21, 2014
  • 5 star review  Michael is the person to call when you need help or advice! He understands.

    Lloyd Goradesky Avatar Lloyd Goradesky
    January 11, 2014
  • 5 star review  Outstanding legal scholar!

    Aj Daoud Avatar Aj Daoud
    December 21, 2013
  • 5 star review  Michael has helped my family and I on a few occasions and the results were excellent, he represents his clients with the utmost respect and professionalism.

    David Schindler Avatar David Schindler
    August 12, 2013
  • 5 star review  ABSOLUTELY Michael. Your my second favorite Lawyer behind my cousins Law firm in Brooklyn. The Berkman Law Firm.

    Andrew Scott Wasserman Avatar Andrew Scott Wasserman
    August 11, 2013
  • 5 star review  Interesting and Informative

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    July 20, 2013

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