Legal Question in Family Law in Florida
Grounds for emergency change in custody?
My 14yo daughter's step-father was arrested last month for molesting her and her friend. She told my ex about the incident immediately and she did nothing about it, nor did she inform me. The friend's mother called the authorities--which is how I found out. My ex has repeatedly said this has nothing to do with me when I try to get information to help my daughter. I got an injunction to keep stepfather out of the house when my daughter is there - this angered my ex even though she knew DCF said it had to be done. She did not inform me that daughter was subpoened to give a statement to the state attorney (I found out by accident) and was angry when I showed up at the meeting to support my daughter. She told the state attorney that this has nothing to do with me and I shouldn't be there - luckilly the state attorney explained to her my rights as the father. My ex and her husband are alcoholics and I do not trust that she will keep her husband away from my daughter. She has been very clear that she wants him back home. The holidays are coming and I do not trust that she will do right by the my kids because she misses her husband. Do I have grounds to file for a change in custody? What is the process?
1 Answer from Attorneys
Re: Grounds for emergency change in custody?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
From what you have described, I believe you have excellent grounds upon which to file for a modification of the earlier order regarding the primary residential parent. In fact, you may be able to get sole custody or to have the judge only allow the wife to have supervised visitation based on her failure to report the molestation of your daughter when told about it by her, her failure to keep you informed of what is happening and her continuing to allow the stepfather to have contact with the children.
You should retain a qualified family attorney to file the necessary pleadings in order to seek the necessary relief. It may be costly, but it is not an easy motion to win and you need a skilled litigator on your side as the safety of your children depends upon the outcome.
Scott R. Jay, Esq.
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