Legal Question in Family Law in Florida

My husband had me arrested under false accusation of domestic battery. I have a no contact order. He is refusing to let me see our daughter. He will not give her to my grandparents so I can see her. I need to know if I have any leg to stand on. It is illegal for him to keep her from me correct? Can I call the police and have them get her for me, he WILL NOT give her to me voluntarily. I need help. I am a great mother, and my older daughter who is not biologically his is with me now. There are no custody orders in place, and we haven't yet started a divorce but will be working on it as soon as the domestic case is finished.


Asked on 8/16/13, 8:43 am

2 Answers from Attorneys
Natalie Hall The Law Office of Natalie D. Hall, P.A.

You have as much right to the child as he does. You should seek to get your public defender or criminal defense attorney file a modification of pre trial release asking for " no hostile contact" as opposed to "no contact" since there is a child in common. You also need to proceed to family court and seek a determination of time sharing either in conjunction with a divorce (if you are planning to get divorced) or without the court dissolving your marriage.

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Answered on 8/16/13, 9:35 am
John Smitten Carey and Leisure

You have to file a petition in family court to enforce your rights.

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Answered on 8/16/13, 12:09 pm


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