Legal Question in Family Law in Florida

Custody of kids - Injunction, etc.

In my state (NC) I would advise you to do the following. I can't tell you for sure if it will work in your state, but it may be worth a try. Call the Department of Social Services (or the state equivalent) in the city where the children are located and explain the situation to them. They may have already taken custody of the kids, in fact. Whether they have or not, they can investigate the situation pretty quickly, check you out, and determine if you are a proper person to have custody of your children. You may have to go to court there for a hearing. In NC, an attorney would automatically be appointed to represent you and would help you get your kids. In my state, parents would be considered first. And DSS does not have to worry about any injunction, like you do. Good luck! There are (in my state) other ways of going about this, but they are much slower and much more expensive.

cutody of children following arrest

Like Mr. Friend, my license doesn't cover the state you are in. However, having represented the Children's Services Board in Ohio concerning abuse and neglect cases, I would agree with Mr. Friend's advice.

I would just like to add that is is likely that children's services is already involved. If your husband was taken to Jail (which is probable, although how long he stays is another question), it is almost a certainty that unless he had a plan for immediate care, the state would be providing temporary shelter for the children. In Ohio, mandated by federal law, local children services agencies that assume custody of children are required to seek out relatives and friends before assigning children to foster homes. A parent would have the statutory first choice unless other factors (unavailability or some other reason that the parent was inappropriate) intervened.

In any event, your first move should be to find out where your husband is (in jail or out) and where the children are. If they have been taken into state custody, obviously you need to contact the social worker involved. If they are aware of your availability and interest, they should be looking at you first. If the children are in state care, there may be court hearings scheduled that you should (if at all possible) attend.

Custody Dispute

If the children are in Florida you should contat the Fla. Dept. of Family Services in the county where the kids live. They can assist you in obtaining temporary custody. You should not violate any court orders and take possession of the kids without state agency or court approval. If the kide are in PA, you should contact Legal Aid or a private attorney ASAP.