Legal Question in Family Law in Florida

Hi. I have a divorce case that is currently in brevard county Florida. I say currently because as of June 16, 2011 - however due to a 20 day objection rule there is some argument that actuak date the new state will take over is July 5, 2011 another state agreed to take jurisdiction of the case as the minor child hasn't resided in Florida in 5+ years. I have battled Florida courts for three years and they finally 8 months ago released jurisdiction.

My ex filed a motion in brevard county for visitation and I in turn filed a motion to dismiss. Both parties have representation. anyhow this was the very first time this judge heard this case. He agreed that the new state should be handling the visitation issue but also wanted to give the bio father visitation between now and the July 5 date. The problem is that the father has had limited contact with the minor child since birth, has a significant domestic violence history to include threatening to kidnap the child and has a warrant for his arrest due to those threats.

The judge without providing us the opportunity to hold an actual hearing tonsubmit evidence take testimony etc ordered five days of immediate visitation that would begin as.

6 hours of unsupervised visits and then 3 Days of unsupervised to include overnight. Child is almost twelve and as I stated before has had limited extremely limited contact since bio dad walked out when child was 6 weeks old.

The minor child is fearful of the bio dad and does not want to see him. When I brought this up to the judge he basically told me he doesn't care and if I don't follow his order exactly there would be heavy sanctions.

Please tell me do you think I have any grounds to stand on? An appeal? Etc.

Thanks you.


Asked on 6/23/11, 3:07 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Very confusing. If another state has taken jurisidiction - then Florida has not jurisdiction and can not rule on the issue. On the other hand, if Florida still has jurisidiction - this child is 12 years old - if any sign of danger this child is old enough to call the police and remove him/herself from the situation. Give the child a cell phone and if need be stay in contact. Otherwise the judge could and may reverse custody of the child.

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Answered on 6/24/11, 7:57 am


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