Legal Question in Appeals and Writs in Florida

Fathers rights, child custody in florida and the appeal process...

I currently have custody of my daughter and reside in Hawaii. I am a service member and my ex spouse left okaloosa county fl almost a year before i located to hawaii. We shared rotating custody with the understanding that we both must reside in the county for it to stay that way. It states in our decree that ''if either party permanently relocates out of the county that the other party will become primary custodian''. After she became pregnant and homeless she left florida in may of 2008 to live with her parents. I moved with permission of the court in feb 2009. She is now appealing even though I have been taking care of my daughter full time for almost over a year and she still lives with her parents. My question is during the appeal is the case determined strictly by an error of the judges ruling or can it be an emotional decision of an appeal judge? Do I need to appear in court? She still lives with her parents and no husband... Do I have anything to worry about? Also I am not receiving child support and I have to pay for all of her plane tickets to visit her mother in the summertime to boot. After the appeal how do I look into changing this? Any help or advise please!


Asked on 5/12/09, 9:50 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Fathers rights, child custody in florida and the appeal process...

There is no way to determine if you have anything to worry about without seeing the orders appealed from and a full disclosure of the facts.

Itr would be best to ghave a lawyer look at this. If you cannot afford a lawyer, then you should try to make the best writen submission that you can, perhaps with a little assistance from a lawyer. You need not appear for oral argument if you advice the court of your inability to do so.

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Answered on 5/12/09, 2:05 pm


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