Legal Question in Family Law in Florida
children living in a homeless shelter..can I get emergency custody?
Our divorce is not final. The last ruling (Spring 2001) gave my wife and I joint custody, but she has residential custody. At the ruling, child support and alimony were also determined and the money has been taken from my paychecks every two weeks. Since the ruling, for various reasons, I have decided to fight for residentail custody and that's where we are at now. However, I just learned last night that my wife has moved herself and my two children into a homeless shelter. She has no plans to move anywhere else (no pending leases, etc) other than onto another shelter when her times run out in this one. As to the reasons why - I cannot really determine. She knew her lease was up and was not being renewed. Is there anything I can do to get awarded emergency custody or any other leg recourse.
2 Answers from Attorneys
Re: children living in a homeless shelter..can I get emergency custody?
Yes, go to the Juvenile and Domestic Relation Court in your county and ask for an emergency petition to modify custody based on a material change in circumstances. Describe the circumstances in the petition.
If you need help, give me a call at 703-968-3974.
Re: children living in a homeless shelter..can I get emergency custody?
Yes, if you believe the children are at risk in any way, you should act. It's not clear where you reside, whether you were represented by a lawyer, etc. However, you can ask the court to change its previous order, which we assume was an order for temporary relief, to give you residential custody if you can show you can provide a good home for the children. The court will decide on what is in the best interests of the children. If you have a lawyer, ask the lawyer to proceed. If you don't, contact the goverment agency local office which is responsible for children and family services (in Florida it is the Dept. of Children and Families), and ask for their advice and help in protecting these children. If the mother is there at the shelter for a brief stay, she may be able to keep the children; otherwise, you should be able to persuade the court you can provide food, shelter, clothing, and care for the children with you. You are advised to consult with a local family law attorney regarding options.
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