Legal Question in Family Law in Florida
I have a 4 yr old daughter. Her father and I never married and custody has not been established in court. As I understand it, Florida law says that as the birth mother I have legal custody since there has been no ruling by any court on this matter. I was a victim of domestic violence from my ex but it was not reported. Since our split he has continually threatened & harrassed me until I allowed our daughter to move in with him. Recently I tried to stand up to them and insist upon my legal rights saying I wanted to have our daughter live with me. The ex's girlfriend then began threatening me. Her mother ,who also lives with them joined in with threatening to bring a whole car load of females to "kick the sh*t out of that b*tch". Some of these threats I have been able to document through screen captures. While she does not specifically state my name or address the threats directly to me it is obvious to myself & others who she is threatening.
I've tried to research it but am unsure if this constitutes a domestic violence situation. I am thinking of filing an injunction against the female, her mother, & my ex for past DV issues and I need to know which injunctions to file.
The girlfriend also has taught my daughter obscene hand gestures as well as a sexually suggestive finger sucking thing. My daughter has no problem telling others that "____ taught me that".
I need to know where to turn
2 Answers from Attorneys
Advice: consult with a family law lawyer who can represent your interests. Your objective should be to gain immediate custody of your child; the other issues re domestic violence, injunctions, and the father are less important. The court will base its decision on what is in the best interests of the child. Discuss with family assistance agency, FL Dept of Children & Families, or family law agency. Focus on custody, removal of child from present harmful environment. support, and other issues in child's best interests. You can ask the court to appoint a legal representative for the child to protect her interests, a psychologist to advise the court on the related issues, and obtain a restraining order to prohibit harmful contacts from other persons.
You do not say how old you are and I have to assume you are very young. If you are unable to afford an attorney, please RUN to the nearest legal aid office and to the nearest DCF office and get help. Your child is being harmed in this environment. How long has he had custody?
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