Legal Question in Family Law in Florida
custody
i had my wife served with divorce papers. however she has taken our son and has been gone for 1 month. i asked for custody in the divorce however i want to get temporary until the case comes up, how do I go about this in Florida. Also she is currently in a DV shelter claiming abuse, however her request for an injuction was denied!!
1 Answer from Attorneys
Re: custody
Hello:
I just read your post. You don't state a specific question, but I assume you want to know the procedures for temp custody. If she was served by a process server , with the Petition for divorce, she has 20 days to file an answer. If she failed to file an answer, you can ask the clerk of court to enter a default, them ask the judge for a hearing. If she is in this city with the child, the judge will probably not enter a default or if it is entered it would be set aside if she came in and asked. This is because the judge wants to hear both sides and make the best rulings for the benefit of the child.
Once she has filed an Answer, you can ask for a hearing for temporary custody. You need to know the procedures and the law in this area for a custody case. Either hire a lawyer or start reading up on those areas. If my office can be of any assistance in North Fla., give me a call. Good luck. Tom Rosenblum