Legal Question in Family Law in Florida

my ex husband got a florida power of attorney for our son for his friend that I do not know nor did I agree to this while he was at military training and when he goes over seas. He has only residental custody not full nor sole custody of our children and my parental rights were never taken away. As far as our daughter is concerned, my ex had dropped off my daughter over a year to me and has not kept in contact with her, even when she tried several times too and he just got rude , nasty, and even questioned her about me.

I feel he has over stepped the boundries and my rights as a parent. I had just found out about this 2 weeks ago after chasing down where my son and ex were living. I have had trouble with my ex telling me the truth on address, phone #, and even seeing my son for over 3 years. By court papers he is ordered to drop off my son every weekend except for once a month weekend with the military and he has not done that. I don't have a vehicle nor do I know the address where my ex live and apparently they live in Polk county somewhere , where I live in St. Petersburg.

I had a chance to talk with the lady my son was with while my ex was gone to military training in Nov. She did inform me that she has the power of attorney letter during my ex training and when he was overseas. She also informed me that my ex was seperated from his ex wife and that she was physically, mentally, and emotionally abusive on my son. She is also in fear of my ex husband going back with his ex wife and the fear my son will be going back to.

I need help because the situation for my son is needed. I have tried in the past to get help but cannot afford a lawyer nor free legal aid will help.


Asked on 11/28/09, 4:25 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Contact the base commander, forward a copy of the order you have for visitation rights, explain that he has violated those rights and you look to the military for help. The military does not like to be involved in civil matters and will probably speak to your ex and insist that he abide by the order. Good Luck.

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Answered on 12/03/09, 9:02 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Try contacting the military, but in the end, you will likely need a lawyer to sort out this mess. As with most custody disputes, I suspect that he has his side of the story to complain about as well. It is a shame your children have to put up with this.

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Answered on 12/03/09, 9:22 am


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