Legal Question in Family Law in Florida
im looking to get emergency custody of my son, my husband and i have been seperated for 7 years he just recently moved to florida he decided he wasnt going to pay to take care of him anymore and has been letting him do things that are inapropriate for a 7 year old. this last friday i let him know that if he was not going to be resposible with my son that i didnt want him to see him. yesterday he tryed to pull him out of school and put him in anohter one without my knowledge. now i want to get custody of my son since he lives with me and his dad cant take care of him. im afraid he will take him away and i will have nothing to do about it I have removed my son from school untill i get the paper work so im just wondering how and where can i get custody immediatly?
3 Answers from Attorneys
You probably should just pursue a divorce. After a 7 year separation, I think it is safe to assume the marriage is done for. While custody/time-sharing can be determined separate from divorce, doing it that way would only result in much duplication of attorney work/fees, and costs. The bottom line is you won't be saving any money by doing it that way. Custody/time-sharing would be determined in the divorce.
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
Contact me to schedule a no obligation office consultation. While telephone calls, and email responses, are encouraged, please do not send text messages.
Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1401 Ohio Ave., Ste. B
Palm Harbor, FL 34683
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
You have to file your case and present the court with an emergency motion for custody asap.
If you've lived in Florida for 181 days you need to file an Emergency Motion and file a Divorce action. If you and the child have not been in Florida for 181 days then Florida is not the home state of the child pursuant to the Uniform Child Custody Jurisdiction Enforcement Act and the case must be brought in the previous state.
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