Legal Question in Family Law in Florida

I came to Florida on vacation. I took my 10 year old son to see his Father whom he has not seen in nearly 3 years. His Father immediately went to the courts and lied in a sworn affidavit stating that I dropped my son off and left no contact information for him to reach me. The courts granted him 100% time sharing. I immediately went and filed an emergency motion stating the truth and was granted an emergency hearing. When we appeared in court, I had proof on my cell phone showing text message between us since I dropped our child off, proving that he had a contact for me. The Judge that was sitting in, due to the other Judge being on vacation, kept the order as it was with the exception that I would be able to see my son under the Father's supervision. He lied so many times in court, he is a drug addict, on record, rarely ever paid child support and I have been the best parent. I am in awe right now. I am not able to leave Manatee county now because I am not allowed to remove the child from the state. One thing the judge mentioned was that this was a child support case that the motions were filed under and that things were done wrong. Yet, he kept the order at the Father having 100% time sharing. Because this was filed incorrectly, could this whole case be thrown out? Could the whole order be null and void? I don't understand how a custody order could lawfully be made under a child support case.

Asked on 8/01/10, 1:46 pm

Lucreita Becude Lucreita D. Becude, P.A.

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I always advise my clients when there are issues involving children to get an attorney. I suggest you do so.

Answered on 8/06/10, 2:34 pm

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