Legal Question in Family Law in Florida

My fianc� has a 14 year old son with a woman who lives in South Florida (we are in Northern Central FLorida). They have child support established and she has always kept the son, but with no legal custody on paper or anything that we know of.

The grandmother called me Monday and asked that we make an emergency pick up, as the childs mother has relapsed on drugs and needs help; the grandmother didn't want the child witnessing this (although he is aware of whats going on). This is now the 4th time she has relapsed on drugs in 7 years. She has 4 kids with three different men, and is now pregnant with her 5th while using drugs. How do we go about getting custody transferred? We want to care for my fianc�s son full time and provide him with a stable environment. It is currently the summer, so we need to get custody handled so we can enroll him in a school up here.

Also, is there a way to get an emergency stop to the child support being taken out of his check? She does not have the kid, and we could use that money staying in our pockets to car for the child.


Asked on 6/12/14, 6:27 am

2 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

You probably should pursue the majority time sharing (custody). Litigation should be pursued in the County were the child was residing with the mother. An emergency Motion to at least award you "custody" until a final decision can be made should also be pursued.

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.

Call me to discuss the specifics of your case. I will give you a realistic idea as to the likely cost (fees and expenses).

Please do not send text messages.

Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1014 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

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Answered on 6/12/14, 7:07 am
John Smitten Carey and Leisure

First get the child in your care asap to avoid any involvement from Children and Family Services. Then file to modify custody asap in the venue where you reside. Use of a lawyer is recommended.

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Answered on 6/12/14, 9:41 am


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