Legal Question in Family Law in Florida

I have a 15 year old daughter who I just met in April of this year she was being sexually and mentally abused by her Step-father and Grandmother,when my daughter went to her guidance office at school and told them her situation it started a dcf investigation no one was arrested but the case is still open and her mother sent her here to live with me for 2 weeks she has now been here over a month i have filed with the court for custody and I also applied for emergency temporary custody and got a letter back saying the motion did not demonstrate an actual emergency which would warrant the issuance of the ex parte order or necessitate an expedited hearing and also that I did not a file a return of service showing the petition was served on the respondent i called the sheriff and the papers were served. What do I need to do now ?


Asked on 12/12/10, 11:19 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

File the papers from the Sheriff office. Just because this is not considered an emergency does not mean that the case is dropped. The judge probably just referred it to the General Magistrate to do a hearing and if there is finding in the case then the Judge will sign a final order for custody. You really need an attorney for these things - This is not because of the money issue but when it comes to children, the court system has so many different angles that can be applied and with just what you said, you need help from the DCF to corroborate your case.

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Answered on 12/18/10, 6:38 am


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