Legal Question in Family Law in Florida

CA mother filing FL exparte
After not supporting or talking to our children for a year &a half, I have allowed the children to visit their father in FL for the summer. The father & I have 2 children together & were never married. Not even a week after their arrival in FL the father advises me He is putting the children in counseling & that the police will be contacting me in regard to supposed sexual comments my 4 yr old son & my 2 yr old daughter made. I have been advised to obtain exparte in FL thru the social services in FL. To pick up my children & persue the case & counseling here as I am their mother & the children have resided with me all of their life. Questions: What if father has already filed exparte in FL? Should I also file for exparte in CA where childen & I reside? How long does this process take? I do plan on obtaining an attorney If necessary as these alligations are serious & I believe this is a fabrication on the father's behalf to keep children. Pls advise info on exparte & plan of action, as I am going to act swiftly & precisely. I believe my children are in a vulnerable situation & in distress.

Asked on 5/27/06, 5:19 pm

2 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

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Re: CA mother filing FL exparte

You did not mention what your Court orders are here in California. It all depends on the orders. However, I would say that since jurisdiction is here in California, that you take immediate steps here in California to have the children returned. I would even go as far as calling the police and reporting that the children have been kidnapped if the father is violating Court orders. This is a typical plow by out of State parents to try to get jurisdiction in their State and to blackmail you.

You need to retain a competent lawyer to get you through this process. You must act very fast!

Answered on 5/27/06, 6:16 pm

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