Legal Question in Family Law in Florida
My husband has physical custody of our children and has now filed for divorce he refuses to give them to me until the divorce he said his lawyer said no. He left the state for work and left the kids with his gf and signed a power of atterney saying that I can't get my kids from their house the gf refuses to give me my kids. My sister has a notarized in loco parentis from him and myself if my sister goes to to get the kids would the gf have to give them to her their is no custody order yet order bythe court other than a standing temporary order for shared parenting.
4 Answers from Attorneys
Here is the bottom line. Unless a Court has entered an Order limiting either parents rights to the children, both parents have equal rights to the children. This does not apply to 3rd parties. If there is no such Court Order, call the police if the girlfriend does not hand over the children.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
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Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
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You can petition the court to have the children reside with you.
Your parental rights trump the ability of his girlfriend to have the kids. Go get your kids. The police will likely help you.
What he is doing is not right however if the police will not help you then you have to petition the court asap to enforce your rights and go for full custody