Legal Question in Family Law in Florida

HRS or not

My ex-wife is the custodial parent of my 8 year old daughter whom I have joint custody. At least 2 times a week my ex calls complaining that our daughter does not mind her or her husband and that she can not handle the situation, that they are both tired of whipping her and that I need to come and get her. On this past occassion, my wife went and picked my daughter up over there as I was still at work. When I got home and talked with my daughter she showed me the slap marks on her legs, a carpet burn on her back from being dragged across the carpet and a knot on her head from where head was knocked on the tile floor during the whipping from her mother. She told me that she did not want to go back ove there. I have been told to call the HRS and get them involved, but I am not sure how this works. I know if it was not for the $725.00 a month in child support, that her mother would let her live with us. Please, how should I approach this situation as talking with my ex is futile and only makes it harder on my daughter.


Asked on 8/25/01, 8:37 am

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: HRS or not

You should have reported this immediately. Next time this happens report it immediately. You should also take the child to the e/r so the injuries could be well documented by an impartial professional. You might even consider reporting the injuries/beatings to the police. Get a decent 35 mm camera with a decent lens to document any future injuries.

If you can document the child abuse, you should consider filing a petition for modification of child custody. You should probably retain an attorney to pursue a modification of child custody.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.

Read more
Answered on 9/04/01, 7:33 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida