Legal Question in Family Law in Florida
My husband was never married to his children's mother. She had a run in with crack cocaine during which an abusive boyfriend of hers also hit one of the boys across the face with a belt buckle, and the children were taken from her and placed with my husband. After she completed her case plan, the children were returned to her with the understanding they had "joint custody". She has refused to let him exercise visitation, and has even prevented him from speaking to them on the phone--for nearly 6 months at a time. She was recently living with the boys, her own mother, and her new boyfriend in a single room of a crack motel after their trailer was condemned by code enforcement. We tried calling child svcs and the police. Child services will not go out and check on her bc we do not have an iron-clad address for her and the kids at this time--she keeps moving from motel to motel. The police have told us this is a civil matter, and they cannot do anything for us. WHat recourse do we have at this point?
3 Answers from Attorneys
He needs a court order establishing him as the primary residential parent. He should probably see a lawyer in your home town or county.
He needs to file a Petition for sole custody ASAP. Get your evidence in hand, the report from the Children Protective Services, the police reports on both of them (the boyfriend). You obviously know more about where they are and what their movements are. These kids were in school somewhere. You have a short window here because the children can be taken into custody from the school and school year is almost out.
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