Legal Question in Family Law in Florida
My brother feels his two sons are being mentally abused because their mother is working both the welfare and the mental health systems. Recently, once of his sons was Baker Acted after the mother demanded he be, claiming he was trying to hurt himself. He is under the age of 10. The behaviors his ex describes from the boys are completely opposite than what he sees every other weekend and extended holiday and summer visits with him. The claims did not start until two years after they were divorced and a year after she remarried. She forces his children to call her new husband "dad" and is constantly putting him down and causing outrageous scenes in front of the children. She refuses to allow my brother to attend any dr appointments and has intentionally left him out of all counseling with the boys.
Up until this point, he always believed they would be better off with their mother, because they were so young, but between the mental issues she's claiming they have, her purposely leaving him in the dark on all medical and mental dr appts and recent bruises she explains as playground injuries (the boys say she whips them with shoes), he feels they are being abused. DCF has been contacted by myself and my brother, but no results as of now. How does he go about getting help when he can not afford an attorney. He feels he needs to do some sort of emergency hearing to change the custody order so they boys can live with him for a while. We are desperate for help. He is not eligible for Legal Aid because an order has already been set forth.
He can pay something with income tax, but he can't pay until income tax return and needs help now.
2 Answers from Attorneys
sounds like a huge problem, you should go for full custody.
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-490-4944
careyandleisure.com
Your problem is not a new one. This is a recurring situation with many divorced couples. However, for the protection of the children, I suggest you find a way to hire an attorney to help in this matter. Trying to do pro se, there are no do overs and what you may end up doing could be worse. If the children are being beaten they need to tell the school counselor who should report this to DCF for verification. These children can be removed from the home and a relative can take custody while an investigation is being done.
With this type of case, you are going to need a well versed attorney in these matters. This does not come cheap. I hear so often that people can not afford attorneys, but you must realize we paid a huge price to become lawyers and our debts and expenses are sometimes over 20 years to pay back. We have expenses and families as well. Not all of us live in the big homes or drive expensive cars. As a matter of fact, most of the family attorneys I know are barely getting by. so please try to secure funds if you really are intent on helping these children.
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