Legal Question in Family Law in Florida

My ex-boyfriend and I have a two year old son together. I have lived in Georgia since January 2008 and he lives in Florida. I brought my son with me when I moved to Florida but we made a verbal agreement to equal timesharing every 6-8 weeks. We have done so up until last New Years, when he was arrested and put in jail. I was unaware this happened and his family would not return my calls to let me speak to my son. In March I found out he was in jail and immediately went to pick up my son from his grandparents.

In June, my son's grandfather said that the courts had given permission for a special visitation so that the father could see our son. I gave them permission to come and get him for one week. When they got home, I could not get anyone to answer the phone again. I found out several days later that his father had actually gotten out of jail and was refusing to return our son home. I called the local police to report him for interstate interference with custody on 7/24/09, when he told me he would not be returning him and that he had filed papers to keep him. (He has never been through the legitimation process)

The detective with SVU spoke with his attorney and informed him that he was committing a felony and so the attorney agreed that the baby would be sent home. When I tried to set up a time and place to get my son, I was told that I could not have him. I spoke with the police again, who contacted his attorney once more. I tried again to set up something and was told by the father that I could "visit" but not have him. This went on for about 3 weeks and the detective finally told me to just go to Florida and call the police if they wouldn't let me have him. They could not arrest him because his attorney was saying I was free to pick up the baby.

I left on 8/16 to pick up my son and arrived in the morning of 8/17. I called to let the father know I would be there in 10 minutes and he said that was fine. When I got there, no one was home and instead I was served with paternity, custody and child support papers, as well as an injunction preventing me from taking my son out of the state. I had to go home empty handed. I called the detective as soon as I got home on 8/18 and she proceeded with the warrant paperwork. He was picked up on 8/20 and is currently being held in Florida for the Georgia police to pick him up.

My question is, can I go get my son or will the injunction still stand? He filed for it on 8/4 and it was signed on 8/14, AFTER he was contacted by the police and told that he was in violation of the law. They ordered it ex parte because he said that I was threatening to take the baby and disappear, which has never been the case at all. He filed it under false pretenses trying to cover his butt when he found out he was going to jail. We are set for an injunction hearing on 9/2 but I can request an emergency hearing within 5 days.

I cannot afford to keep traveling back and forth to Florida, I currently do not have a vehicle and have to pay a friend to bring me. Plus I have to ask off 2 weeks in advance from my job. I don't have the money for an attorney at this point. I have filled out the standard form to have the injunction dissolved and to counterpetition his custody paperwork, but I need to know immediately if I will get arrested if I try to go pick up my son right now. Sorry for the lengthy story, thanks for your help!

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